JAKARTA - The Indonesian Women's Association for Justice Legal Aid Institute (LBH APIK) proposed a change in authority related to the judiciary for military soldiers in the revision of the Criminal Procedure Code (RKUHAP).
This was conveyed by representatives of LBH APIK during a meeting with opinions with Commission III of the DPR RI at the Parliament Complex, Senayan, Jakarta, Monday, July 14.
"There is a very important proposal that we really want to convey regarding the connection that is regulated in the RKUHAP. This is our suggestion, why, because it is cases of gender-based violence where the perpetrators are TNI soldiers are processed in the Military Court," said Uli.
"Our proposal is a proposed amendment regarding the authority to try military soldiers," he continued.
ULI admits that in the RKUHAP there is indeed an article governing this, but according to him, it is important for soldiers to comply with military judicial rule in terms of violations of military law.
"So it must be separated, where is the violation of military law, where is the violation of general justice," he said.
"So for example, when a military court is a war crime, state security, please process it in a military court. But when an active member of a TNI soldier commits domestic violence, then sexual violence, it must be processed in a general court," he continued.
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Because in practice, Uli said that when LBH APIK assisted cases of gender-based violence, the articles used used were the Criminal Code. In fact, he said, now there is a law on the crime of sexual violence.
"And we also see that the decisions are very low. The rape decision for 9 months and 10 months is rape and when we talk about fulfilling the rights of victims it is not fulfilled, because they do not use the procedural law in the TPKS Law, using the Supreme Court Regulation, the guidelines of the Attorney General's Office or Perkapolri. They do not know that," he explained.
"So that is indeed our proposal to be added to the connection related to military justice and general justice must be separated," concluded Uli.
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