Court authority queried over suit against President<\/p>\n
JAKARTA (JP): President Soeharto yesterday questioned the
\nright of the State Administrative Court to hear a lawsuit filed
\nagainst him for granting Rp 400 billion (US$182.9 million)
\nearmarked for reforestation programs to the state-owned aviation
\ncompany IPTN.<\/p>\n
Lawyers representing the President told the Jakarta Chapter of
\nthe State Administrative Court that it did not have the authority
\nto hear the lawsuit filed by six environmental groups, seeking
\nthe abolition of a presidential decree allowing appropriation of
\nreforestation funds for IPTN.<\/p>\n
"The President can only be questioned by the People's
\nConsultative Council (MPR), not by the court," chief attorney
\nH.V.A Lumempouw said in a defense statement before the court.<\/p>\n
He said the presidential decree was made based on the MPR's
\nongoing five-year development plan, which can only be examined by
\nthe MPR general assembly.<\/p>\n
The presidential decree, issued in June 1994, ordered the
\nforestry ministry to grant a Rp 400 billion (US$182.9 million)
\ninterest-free loan to IPTN.<\/p>\n
The money, drawn from interest earned on reforestation funds
\nheld by state banks, is to be used by IPTN to develop its latest
\nmodel, the N-250, the prototype of which will be rolled out this
\nmonth when leaders of the Asia Pacific Economic Cooperation
\n(APEC) forum attend a summit meeting in Indonesia.<\/p>\n
The money, contributed by firms which hold timber concessions,
\nwas to be used for planting trees in logged areas.<\/p>\n
The President's legal counsel said the presidential decree is
\nnot yet in effect.<\/p>\n
"The minister of forestry and IPTN's president have not issued
\nany regulation for the implementation of the presidential
\ndecree," Lumempouw said.<\/p>\n
The lawyers also said the six non-governmental organizations
\ndo not have the authority to act as the plaintiffs because the
\ndecree has not caused them any damage.<\/p>\n
The plaintiffs previously said the government had violated a
\n1990 presidential decree which stipulates that reforestation
\nfunds should be used only for reforestation programs. Another
\ndecree on how the funds should be used was issued in 1993 to
\nrevise the old one, they said.<\/p>\n
Trust<\/p>\n
"The allocation of the funds has eroded the public trust in
\nthe government's commitment to the reforestation program," the
\nplaintiffs said.<\/p>\n
The plaintiffs are the Indonesian Forum of Environment
\n(WALHI), the Foundation of Indonesian Tropical Nature, the
\nFoundation of Forum of the Study of Population and Environment,
\nthe Foundation of the Institution of the Development of
\nEnvironment and Human Resources, the Indonesian Center for Law
\nDevelopment and the Pelangi Foundation.<\/p>\n
They are represented by Soekardjo Adidjojo and Bambang
\nWidjojanto from the Indonesian Legal Aid Foundation (YLBHI),
\nNursyahbani Katjasungkana from Women's Solidarity for Human
\nRights, Abdul Hakim Garuda Nusantara from the Institute of
\nResearch of Social Advocation and Nur Amalia of the Jakarta Legal
\nAid Institute (LBH).<\/p>\n
The President is represented by government officials from the
\nAttorney General's Office. They are H.V.A. Lumempouw, H.M.
\nAdenan, R. Wiyono, Slamet Soedarmadji and M.S. Rahardjo,in the
\ncase.<\/p>\n
It is the first time the State Administrative Court has
\nhandled a lawsuit against the head of state since it was
\nestablished in 1991.<\/p>\n
The trial was adjourned until Nov. 11, when the court will
\nhear the plaintiffs' objection to the President's defense
\nstatement.(imn)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/court-authority-queried-over-suit-against-president-1447893297",
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"sponsor": "Okusi Associates",
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