Criminal Code used in `Tempo' trial<\/p>\n
M. Taufiqurrahman, The Jakarta Post, Jakarta<\/p>\n
Central Jakarta District Court brushed aside demands from Tempo
\nweekly journalists on Monday to terminate the prosecution against
\nthem unless it was based on the Press Law instead of the Criminal
\nCode, and ruled that the libel suit was lawful.<\/p>\n
Reading the court's responses to the objection from the
\nweekly's chief editor Bambang Harymurti and journalists Ahmad
\nTaufik and T. Iskandar Ali, presiding Judge Andriani Nurdin said
\nthat the panel of judges had no authority to decide that the
\nindictment should be modified in line with Law No.49\/1999 on the
\npress.<\/p>\n
\"The panel of judges did not touch on the matter because it is
\nnot included in the points of objection stipulated in Article 156
\nof the Criminal Law Procedures Code (KUHAP),\" she told the
\ncourtroom.<\/p>\n
The article stipulates that judges have to take into
\nconsideration objections made by the defendants or lawyers
\nregarding the authority to hear a case or the validity of a case.<\/p>\n
The same panel of judges holds two separate hearings; one is
\non Bambang Harymurti while another is on Taufik and Iskandar Ali.
\nThey are charged with violating Article 14(1) of the Criminal
\nCode for deliberately disseminating rumors and publishing a
\nerroneous report that could provoke public disorder. It carries a
\nmaximum sentence of 10 years in prison.<\/p>\n
The prosecutors also charged the three with violating Articles
\n310 and 311 of the Criminal Code on defamation, which carries a
\nmaximum penalty of four years in prison if the defendants cannot
\nprovide evidence to substantiate their report.<\/p>\n
\"The prosecution has met all criteria required and we have
\ncome to the conclusion that it can go ahead,\" Andriani said.<\/p>\n
The case revolves around the publishing of an article last
\nMarch titled Ada Tomy di 'Tenabang?' which insinuates that
\nbusinessman Tomy Winata was responsible for a fire that razed the
\nTanah Abang textile market in Central Jakarta.<\/p>\n
Experts and media people had repeatedly urged the use of the
\nPress Law in cases related to media groups, arguing that the use
\nof the Criminal Code would further quell press freedom.<\/p>\n
Defense lawyers of Tempo journalists said they would appeal
\nthe court decision, arguing that the indictment made against
\ntheir clients was flawed.<\/p>\n
\"In the indictment, Taufik was mentioned both as a defendant
\nand a witness. For us, it constitutes a cardinal error as one
\ncannot have both qualities at the same time,\" lawyer Trimoelja D.
\nSuryadi said.<\/p>\n
He also said that the appeal would also concern the use of
\nfraudulent documents in the dossiers of the weekly's journalists.<\/p>\n
\"A letter from Governor Sutiyoso saying that he did not
\nreceive a proposal from Tomy for the reconstruction of Tanah
\nAbang market is very much relevant to this case,\" he said.<\/p>\n
The governor issued a letter dated March 13 as a response to
\nTomy's letter sent to the governor on the very same day.<\/p>\n
The two hearings are adjourned until Oct. 20 to hear
\ntestimonies from witnesses Anton Anggoman, Andi Betung and Tomy
\nhimself.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/criminal-code-used-in-tempo-trial-1447893297",
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