Seminar says administrative court's rulings are political<\/p>\n
SURABAYA (JP): Human rights campaigners and a legal expert
\ncharge that the rulings of the state administrative court, which
\nhandles grievances against government officials, are routinely
\ninfluenced by political and bureaucratic interests.<\/p>\n
The court's rulings are not necessarily based on truth and
\nlegal certainty, was the conclusion reached at a seminar
\nfeaturing noted lawyer Trimoelja D. Soerjadi, national human
\nrights commission member Soetandyo Wignjosoebroto and legal
\nexpert Harjono of Airlangga University. Held by Dr. Soetomo
\nUniversity's Law School on Wednesday, the \"Legal Assistance and
\nAdministrative Courts\" seminar was attended by some 200 students.<\/p>\n
\"It's very rare for the administrative court to rule in favor
\nof the plaintiff,\" Trimoelja said. \"Even if it does, the
\nplaintiff would lose when appealing to a higher court.<\/p>\n
\"I think that political interests often influence the state
\nadministrative court's rulings,\" he said, while acknowledging
\nseveral state administrative court rulings that have favored
\nplaintiffs.<\/p>\n
Soetandyo cited the case filed by ex-Tempo employees
\ncontesting Minister of Information Harmoko's 1994 ban on the
\nnewsweekly. The Jakarta State Administrative Court, then presided
\nover by Benjamin Mangkoedilaga, ruled in 1995 in favor of the
\nmagazine and ordered the minister to withdraw his decree.<\/p>\n
Harmoko appealed and won a Supreme Court decision in his favor
\nearlier this year.<\/p>\n
Trimoelja pointed out that such rulings create an image of the
\n\"bureaucracy as something that is always right, all-powerful and
\nundefeatable\".<\/p>\n
Soetandyo said many people bring their case to the
\nadministrative court out of \"moral courage\".<\/p>\n
\"They don't do it because they expect justice,\" he added.<\/p>\n
Soetandyo called the Tempo suit and, more recently, the
\nlawsuit of ousted Indonesian Democratic Party (PDI) chief
\nMegawati Soekarnoputri against the government and the organizers
\nof last month's congress that toppled her, forms of \"shock
\ntherapy\".<\/p>\n
\"I don't think (Tempo's former chief editor) Goenawan Mohamad
\nand Megawati really thought about winning,\" he said. \"I believe
\nthat Goenawan never dreamed of winning, and neither does
\nMegawati.\"<\/p>\n
Harjono blamed the situation on the judges' lack of
\nindependence. \"They are appointed by the government...and they
\nlive in the shadow of the government,\" he said. (15\/swe)<\/p>",
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