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] ------------------------ Yahoo! Groups Sponsor --------------------~--> Get fast access to your favorite Yahoo! Groups. Make Yahoo! your home page http://us.click.yahoo.com/dpRU5A/wUILAA/yQLSAA/uTGrlB/TM --------------------------------------------------------------------~-> Post message: [EMAIL PROTECTED] Subscribe : [EMAIL PROTECTED] Unsubscribe : [EMAIL PROTECTED] List owner : [EMAIL PROTECTED] Homepage : http://proletar.8m.com/ Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/proletar/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
