Court sentences<\/p>\n
The Central Jakarta District Court's council of judges
\nsentenced 115 PDI-Megawati supporters to an average of four
\nmonths and three days in jail because it found them guilty of
\nviolating Article 218 of the penal code which reads: \"Whoever, at
\nthe time of a gathering of people, intentionally does not leave
\nthe place immediately after being ordered to do so three times by
\nand on behalf of the authorities, is in the wrong for having
\nparticipated in forming the crowd, and is sentenced to a maximum
\nof four months and two weeks in jail or payment of a maximum fine
\nof Rp 9,000.\"<\/p>\n
Is the sentence correct? I do not think so, because:<\/p>\n
a. Those who first formed a crowd on the street were some 200
\nPDI-Soerjadi task force members. They were assisted by security
\nmen. Soerjadi's supporters intended to chase the PDI-Megawati
\nsupporters from the PDI secretariat building on Jl. Diponegoro.
\nThe two groups hurled stones at each other. Soerjadi's supporters
\nmanaged to enter the yard and with the aid of security men,
\nordered their opponents to leave the premises. The Megawati
\nsupporters did not obey the order because they were authorized to
\noccupy the PDI secretariat building. The PDI-Megawati side did
\nnot disturb the order.<\/p>\n
b. The security people (the police) did not bring a court order
\nto vacate and take over the PDI secretariat.<\/p>\n
c. The police should have ordered Soerjadi's supporters to
\ndisperse because they disturbed public order by crowding in front
\nof the PDI secretariat, created disorder and stormed the
\nbuilding. Instead, they assisted these people. It is strange,
\nunbelievable.<\/p>\n
The court sentence is clearly not correct. It is also not
\nequitable, as borne out by the factual happenings. The defendants
\nwere each given sentences of four months and three days to
\napproximate their time in police detention.<\/p>\n
It is only right that counsel for the defense, a team of pro-
\ndemocracy lawyers, has appealed against the decision of the
\nCentral Jakarta court.<\/p>\n
What is even more peculiar is that the Metro Jaya police have
\ninterrogated Soerjadi and no proof of guilt has been found. Did
\nSoerjadi order PDI secretary-general Buttu Hutapea and 200 task
\nforce members trained in Cibubur to attack and take over the PDI
\nsecretariat building? Why were they allowed to take the law in
\ntheir hands?<\/p>\n
What can one do against this legal mockery in this country?
\nAnother legal farce took place at the Supreme Court with the
\ndecision by a council of justices under Soerjono, who canceled
\njustice Adi Andojo's decision to free labor activist Muchtar
\nPakpahan. Instead, it sentenced Pakpahan to four years in jail.
\nThe council of justices at the Supreme Court had approved the
\nprosecutor's request for a review. All this was in disregard and
\nin violation of the stipulations of the criminal code.<\/p>\n
SUHARSONO HADIKUSUMO<\/p>\n
Jakarta<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/court-sentences-1447899208", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }