Court repudiates lawsuit against President Soeharto<\/p>\n
JAKARTA (JP): The State Administrative Court rejected
\nyesterday a lawsuit filed by environmental groups against
\nPresident Soeharto over his decree granting Rp 400 billion
\n(US$183 million) intended for reforestation programs to the
\nstate-owned aircraft company (IPTN).<\/p>\n
But the plaintiffs' lawyers said they considered moving the
\ncase to a Jakarta district court.<\/p>\n
\"The Jakarta State Administrative Court does not have the
\nauthority to handle the case because the presidential decree was
\nnot an administrative decision,\" the chief of the administrative
\ncourt, Benjamin Mangkoedilaga, who presided over the trial, said.<\/p>\n
Six non-governmental organizations for environmental
\nprotection filed a lawsuit against the head of state last August
\nfor issuing a decree in June 1994, which ordered the forestry
\nministry to grant the interest-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
\nairplane, the N-250. The prototype of the aircraft was rolled out
\nat the end of the Senior Officials Meeting of the Asia-Pacific
\nEconomic Cooperation forum, which coincided with the nationwide
\ncommemoration of Heroes Day on Nov. 10.<\/p>\n
The money, contributed by firms which hold timber concessions,
\nwas to be used for planting trees in logged areas.<\/p>\n
Benjamin said that the presidential decree was not a final
\ndecision because the forestry minister had yet to issue a decree
\non the transfer of money to IPTN.<\/p>\n
He said the transfer of funds from the ministry's account to
\nIPTN would be based on an agreement between the forestry ministry
\nand IPTN, not on the presidential decree. The case should now be
\nregarded as a civil matter, he added.<\/p>\n
The plaintiffs previously argued that the government violated
\na 1990 presidential decree which stipulates that reforestation
\nfunds should be used solely 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
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
The plaintiffs claimed that the presidential decree is already
\nin effect because it does not need any approval from higher or
\nother institutions.<\/p>\n
\"The minister of forestry is one of the President's
\nassistants, meaning all of his actions are for the implementation
\nof the presidential decree,\" they said in a previous statement.<\/p>\n
The court also rejected the rights of two of the environmental
\ngroups, the Foundation of Indonesian Tropical Nature and the
\nPelangi Foundation, to file the lawsuit.<\/p>\n
Benjamin said the Foundation of Indonesian Tropical Nature
\ndoes not have an official license as a foundation, while the
\nPelangi Foundation has no right to sue because Agus Pambagio and
\nTri Nugroho, who filed the lawsuit on behalf of the Pelangi
\nFoundation, were not appointed by the majority of the
\nfoundation's board of directors.<\/p>\n
Lawyers representing the plaintiffs said they would consider
\nappealing to a higher court against the decision.<\/p>\n
\"We will discuss the decision with the plaintiffs but we will
\nlikely appeal,\" Bambang Widjojanto, one of the lawyers, said.<\/p>\n
\"We also are considering filing a suit with a (Jakarta)
\ndistrict court,\" he said. (imn)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/court-repudiates-lawsuit-against-president-soeharto-1447893297",
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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