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The case should be tried in a civilian court to ensure accountability and uncover the full chain of command.
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Human rights activists affiliated with the Justice for Victims Solidarity Network hold posters on April 2 during the 902nd "Kamisan" (Thursdays) protest across from Merdeka Palace in Jakarta. The demonstrators called for a thorough investigation into the acid attack against Andrie Yunus, urging the formation of a joint fact-finding team and demanding that those responsible be tried in a civilian court. (JP/Iqro Rinaldi)
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ending Indonesian Military (TNI) soldiers to face trial at a military court for their alleged roles in the acid attack on rights activist Andrie Yunus does nothing to alleviate the pain of yet another violent assault on civilian control. As a matter of fact, it is not an unwarranted suspicion that this elision of accountability may be the whole intent.
The Jakarta Military Court will begin on Friday the trial of four soldiers who have been charged under multiple provisions of the Criminal Code (KUHP), including Article 469 on premeditated assault, which carries a maximum sentence of 12 years in prison. The suspects are all active military personnel assigned to the TNI’s Strategic Intelligence Agency (BAIS).
The trial begins about five weeks after two assailants threw acid at Andrie, deputy coordinator of the Commission for the Disappeared and Victims of Violence (Kontras), in Central Jakarta on March 12, leaving him with burns to his face, eyes and roughly 20 percent of his body. The activist has since been under intensive treatment at the Cipto Mangunkusumo General Hospital (RSCM).
Andrie first made headlines in March of last year when he disrupted a closed-door House of Representatives meeting to finalize the draft for the amendment of the 2004 Law on TNI. The stunt revealed to the Indonesian public a lawmaker ploy to ram through a consequential law that would expand the role of the military in civilian affairs through the legislative agenda without due diligence or public participation.
When the House finally approved the TNI law amendment, Andrie pressed ahead with his anti-militarism campaign by leading the effort to challenge the newly amended law in the Constitutional Court (MK).
We join civil society groups in questioning the decision to proceed with the trial in a military court. The case should be tried in a civilian court to ensure accountability and uncover the full chain of command, all the way to the “intellectual actors,” not to mention to uphold the victim’s right to justice. The Advocacy Team for Democracy (TAUD), a coalition overseeing Andrie’s case, found in its independent investigation at least 16 field perpetrators, including civilians, who allegedly acted in a coordinated manner.
We agree with the coalition’s conclusion that the decision to push for a military court trial indicates an attempt to limit the scope of the case and obscure its full extent. The military has insisted that the case falls entirely under military jurisdiction, given that the suspects are active service members.
