[nasional_list] [ppiindia] There Is No Obligation to Answer Munir TPF Summons
- From: "Ambon" <sea@xxxxxxxxxx>
- To: <"Undisclosed-Recipient:;"@freelists.org>
- Date: Sat, 26 Nov 2005 20:09:36 +0100
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**http://www.modus.or.id/hukum/loebby.html
Jumat,25/11/05 10:13 WIB
Loebby
There Is No Obligation to Answer Munir TPF Summons
Jakarta,(Modus.or.id). The Fact Finding Team (TPF) for the Munir case has
repeatedly hit a brick wall in summoning people it believes were connected to
the death of human rights activist Munir onboard a Garuda flight to the
Netherlands.
From the various steps taken by the Munir TPF, a number of suggestions were
given so that the TPF could give immunity to uncover the various names that are
linked to the death of Munir. There were also calls for the TPF to forcibly
summon people who are linked to this case.
To understand the legal standing of the TPF, Harian Terbit contacted a noted
teacher of criminal law at the University of Indonesia (UI), Prof. Dr. Loebby
Luqman. The conversation went as follows:
There are a number of people who are thought to be linked to the death of
Munir, but when they were summoned by the Munir TPF at the Komnas HAM building,
they would not come; this includes former BIN chief Hendropriyono. What are
your thoughts?
The duties of the fact-finding team are to seek facts; it is not an institution
that has the authority to investigate. As such, they should be searching, not
summoning people. The TPF should be actively visiting, not be visited. Because
of this, there is no obligation for people to answer the summons of the TPF;
our laws are already a mess.
So if someone is summoned by the TPF and fails to comply, they cannot be
threatened with a legal sanction?
Yes. The TPF is not an investigative body. To find facts, the TPF must search
in such a way so that facts can be gathered. If a person wants to come or not
when summoned by the TPF, it is their own choice.
Is there a tendency that the TPF now has become an investigative body?
I don't know anything about this.
There are people who believe that if the person refuses a summons from the TPF,
then they should be forcibly summoned, what do you think about this?
What are the rights of the TPF to forcibly summon people? Does the TPF have the
tools to forcibly summon people? Do they have a legal basis for this? This
would be different if the TPF was an investigative body; then a person who is
indicated of having links to a crime can be forcibly summoned. But the TPF is
not an investigative body.
There are some who have suggested that every fact finding institution set up by
the government should offer immunity to uncover facts to the public. How do you
see this?
That is a wish. But all institutions are supposed to follow the law. Thus if
there is a wish for something, there should be a legal basis for it. We should
obey the law. That is all.(Red).
[Non-text portions of this message have been removed]
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