Megawati wins one, loses one in court<\/p>\n
JAKARTA (JP): Megawati Soekarnoputri, the ousted leader of the
\nIndonesian Democratic Party (PDI), won the right to continue one
\nof her legal battles after the Supreme Court ruled she could sue
\nher political rival, Soerjadi.<\/p>\n
The court, however, also ruled she could not continue her
\nlawsuit against the government, which she has accused of backing
\nher ouster.<\/p>\n
In a verdict dated Aug. 18, 1998, the Supreme Court said it
\naccepted a High Court ruling that the lower Central Jakarta
\nDistrict Court had the authority to try her lawsuit against
\nSoerjadi and organizers of the 1996 PDI congress in which she was
\ntoppled.<\/p>\n
In the same verdict, the Supreme Court overturned the High
\nCourt's ruling that the same district court also had the
\nauthority to try her lawsuit against the government.<\/p>\n
\"The Central Jakarta District Court can now try Megawati's
\nlawsuit against Soerjadi and organizers of the 1996 congress, but
\nmust not continue trying her lawsuit against the government,\"
\nSecretary-General of the Supreme Court Pranowo told reporters
\nyesterday.<\/p>\n
The government in the case was represented by then minister of
\nhome affairs Moch. Yogie S.M., then Armed Forces commander Gen.
\n(ret.) Feisal Tanjung and then National Police chief Gen. Dibyo
\nWidodo.<\/p>\n
Megawati was replaced by Soerjadi in a government-sponsored
\ncongress held in Medan, North Sumatra, in June 1996.<\/p>\n
She responded by lodging hundreds of lawsuits challenging the
\nvalidity of the congress and its results at various district
\ncourts nationwide.<\/p>\n
Pranowo said the district court could proceed to try
\nMegawati's lawsuit against Soerjadi because the latter was late
\nin lodging his formal appeal against the suit. He said Soerjadi's
\nlawyers had not been aware of the deadline for the appeal's
\nsubmission.<\/p>\n
Soerjadi announced he planned to appeal the lawsuit on Aug.
\n12, 1997, but the formal request reached the Supreme Court on
\nSept. 10, 1997.<\/p>\n
Pranowo quoted Article 47 of Law No. 14\/1985 on the Supreme
\nCourt, which stipulates that a formal request for an appeal to
\nthe court must be submitted within two weeks after an
\nannouncement of an appeal is made.<\/p>\n
Pranowo supported the judges' ruling that the Central Jakarta
\nDistrict Court did not have the authority to try Megawati's
\nlawsuit against the government.<\/p>\n
The Supreme Court, chaired by Justice Soeharto, ruled that the
\ngovernment's support for the 1996 congress was part of its
\nadministrative duties. The district court, it said, did not have
\njurisdiction over administrative affairs.<\/p>\n
\"The government's decision to support the 1996 congress was
\nfor the interest of the country,\" Pranowo quoted the Supreme
\nCourt as ruling.<\/p>\n
\"It (support) was not against the law.\"<\/p>\n
The chief of Megawati's team of defense lawyers, R.O.
\nTambunan, however, disagreed.<\/p>\n
\"How could they (the judges) say the government officials
\n(supporting the congress) had not violated any laws when they
\nwere directly involved in PDI's internal affairs?\" he asked.<\/p>\n
\"We have evidence that the congress participants were
\nintimidated prior to their arrival to the congress venue in
\nMedan,\" he told The Jakarta Post.<\/p>\n
Similarly, Alex Litaay, the secretary-general of PDI under
\nMegawati, said the Supreme Court had made a discriminatory
\nruling.<\/p>\n
\"If Soerjadi and the organizers of the congress can be
\nprosecuted, then why can't the government officials?\" he asked,
\nadding that the 1945 Constitution said that every citizen should
\nbe treated equally before the law.<\/p>\n
In a related development, over 150 Megawati supporters from
\nCentral Java yesterday announced that they planned to travel to
\nPalu to \"persuade\" participants of an upcoming Soerjadi-led PDI
\ncongress to abandon the event.<\/p>\n
\"But we're not going to use violence,\" said Sukarman, a
\nMegawati loyalist from Semarang. He also claimed the group was
\nplanning the trip on their own initiative. (imn\/emf\/har)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/megawati-wins-one-loses-one-in-court-1447893297",
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