DPR to immediately finish Military Court Bill’s draft amandement
One of prequisite for security sector reform is to establish good governance in security sector and well established regulation based on the rule of law. But this was not found in the amandement process of the Bill no.31 annum 1997 on Military court that took almost four years. This mainly due to government stance represented by the Ministry of Defence that kept blocking militeray court reform effort.
Until recently, where synchronisation commitee was form by the legislative (DPR) and the government, significant problems such as police military involvement in the general crime investigation and execution is regarded as a deliberate blocking conducted by the government. Military police involvement will disrupt integrated criminal justice system that have been regulated in the Bill of Criminal Procedure. (KUHAP).
We also reminds that ways conducted by the government is a clear form of blockage towards military court system improvement that so far has became a means for military impunity. Beside of that, reason delivered by the government not only influencing the security sector reform but also degradating the judicial power that is basically includes in the civil power.
We also calls the DPR that this bill must be finish as soon as possible, in consideration to DPR periode 2004-2009 work deadline is 30 September 2009. Furthermore in the legislation drafring, DPR had adopt non-carry over principle, which wont inherits this bill to the next periode of DPR. It is true that every legislation drafting, conducted jointly between DPR and the government. But DPR have full power regarding their power as lawmakers. This means DPR had clear understanding of government badwill in reforming military court.
Because of above reason, we urge the DPR to immediately finish this bill based on constitution and rule of law. Military court reform is a struggle and test for the security sector reform, considering significant implication if DPR fail to delivered it in this periode.
Jakarta, 2nd July 2009
IMPARSIAL, IDSPS, PBHI, SETARA Institute, KONTRAS, YLBHI, AJMI Aceh, HRWG, FEDERASI KONTRAS, PRAXIS, LBH Jakarta, INFID