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AFTER the verdict of the Supreme Court’s Review (PK) that set free the former Vice Commander of Integration Fighter Troops (PPI) of East Timor, Eurico Gutteres on Human Rights violation case in East Timor (a.k.a Timor Leste), Eurico was considered deserved to earn his rehabilitation and some compensation according to the Penal Code.

Criminal law observer from the University of Indonesia, Rudy Satriyo, said the compensation for the defendant found not guilty was possible. "This is arranged in Article 95 of the Penal Code. Only that the file is in form of a claim to the State through the Attorney General Office."

The same thing was also said by criminal law expert from Trisakti University, Andi Hamzah. According to Andi, the file would be responded by District Court as the first general trial to file the case, by appointing one judge to examine the case. "I think the rehabilitation will be granted because there is a Supreme Court’s verdict which is inkracht (has a firm legal power-ed). Whereas for the compensation is also possible because the Penal Code arranges it."

When asked about the amount of the compensation. Andi said that was not specifically regulated in a legislation, because the amount depended on the judge subjectivity.
"But in my opinion, the longer they keep the compensation the higher it will get. Someone in perfect condition with the living standard in Jakarta can earn 6 millions a month. Eurico has be captivated since 2004, we just have to multiply that."

Besides materially, the compensation could also be counted immaterially. "He was Indonesian warrior who defended so that East Timor would not be separated from Indonesia, then the immaterial calculation should be high. Ideally, it would be around 500 million up to 1 billion rupiah," said Andi.

Meanwhile, Head of Truth and Friendship Commission (KKP) for Timor Leste, Benjamin Mangkoedilaga, revealed that the compensation was not strictly regulated in the reconciliation process. But the rehabilitation was possible, "Not often people file this, because just by being set free they are very grateful."

Yet for Eurico case, Benjamin added it would be better that the rehabilitation to be filed because it was related to the relationship between two countries.
After Eurico was set free, then there was no single suspect of heavy Human Rights violation in East Timor was declared as the responsible party on the death of 12 refugees post referendum.

Responding to this issue, a judge from the Human Rights Court ad hoc Rudy Rizky who sentenced Eurico to 10 years imprisonment, stated that the Supreme Court’s verdict would grab the attention of foreign parties to Indonesian Human Rights Trial. "Even though I can not make any comment on the verdict, I believe that the verdict we make is the best."


Photo courtesy of
Translated by Yogi Djatnika (MKRI)

Monday, April 07, 2008 | 11:23 WIB 237
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