Tempo's case should be heard openly: Experts<\/p>\n
JAKARTA (JP): The government's announcement that it plans to
\nappeal against a court ruling in favor of the banned Tempo
\nnewsweekly has sparked calls that the hearing of the appeal by
\nthe Supreme Court be conducted openly.<\/p>\n
While most legal experts are calling on the government to
\naccept the verdict of the Jakarta State Administrative Court, two
\nof them said that if Minister of Information Harmoko goes ahead
\nwith his plan to appeal the decision, the hearing should be
\nconducted in the open rather than behind closed doors as is the
\ncurrent practice.<\/p>\n
Former justice minister Ismail Saleh said in an interview with
\nthe Kompas daily yesterday that high-profile cases such as the
\nTempo litigation should be open to the public.<\/p>\n
\"With open procedures, both the public and the press can see
\nfor themselves all the debates that occur in the courtroom,\" he
\nsaid. \"So, when a decision is made, the public won't be taken by
\nsurprise.\"<\/p>\n
Ismail's suggestion was quickly taken up by Loebby Loqman, a
\nprofessor of law at Jakarta's University of Indonesia.<\/p>\n
\"In principle, all court trials should be open to public ...
\nin the Netherlands, whence all our laws originate, the public can
\nattend trials,\" Loebby told The Jakarta Post yesterday.<\/p>\n
The State Administrative Court ruled on Wednesday that
\nHarmoko's decision to revoke the publishing license of Tempo last
\nJune was against the law. The court ordered the minister to
\nrescind his decision and give Tempo its license back.<\/p>\n
The court heard two actions against Harmoko. One filed by
\nTempo's senior journalist and founder Goenawan Mohamad and the
\nother by a group of the magazine's employees. Judge Benjamin
\nMangkoedilaga, who heard both cases, made the same ruling in
\nrespect of each.<\/p>\n
Harmoko immediately declared that he intended to file for an
\nappeal, raising concerns among some legal experts and press
\nfreedom activists that the jubilation that followed Wednesday's
\nruling could be premature.<\/p>\n
Loebby and Ismail argued for an open hearing at the Supreme
\nCourt because, they said, it would be a form of public education
\nabout the legal system in Indonesia.<\/p>\n
Loebby, however, doubted that the wish would be realized.<\/p>\n
\"It really is a good suggestion, but whether it can be carried
\nout is another question,\" he said.<\/p>\n
\"There's this firmly-established tradition (in Indonesia) of
\nclosed court sessions, especially when it comes to appeals.\"<\/p>\n
He was said he was concerned that high profile cases, such as
\nthe Tempo lawsuits, would pit the courts against those who have
\npolitical power and that juridical considerations might be
\noverridden by political interests.<\/p>\n
\"There's the possibility that the ex-Tempo employees may lose
\nin higher courts because of the overriding political factors,\" he
\nsaid.<\/p>\n
Loebby said he would rather see the government simply accept
\nthe verdict. \"The minister should return the publishing license
\nto its function, which is merely as an administrative
\nprocedures.\"<\/p>\n
Ridwan Widyadarma, a staff lecturer at Diponegoro University
\nin Semarang, called the court's ruling \"a very valuable lesson
\nfor this country.\"<\/p>\n
Ridwan too believed that, judging from the evidence at the
\ntrial, Harmoko should drop his plan to appeal to the Supreme
\nCourt.<\/p>\n
Communication expert Novel Ali, also from Diponegoro
\nUniversity, lauded the court's ruling in the lawsuit against
\nHarmoko.<\/p>\n
He said it might help dispel the image that \"political
\ncommunication channels are dominated by the formal political
\ninstitutions only.\"<\/p>\n
He said the ruling would also be beneficial in creating a more
\nfavorable image of Indonesia in international legal fora.
\n(swe\/har)<\/p>",
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"sponsor": "Okusi Associates",
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