21 defamation students may get YLBHI service
21 defamation students may get YLBHI service
JAKARTA (JP): The Indonesian Legal Aid Foundation (YLBHI) yesterday said it is ready to represent 21 students, who are jailed for defaming President Soeharto, in an appeal to the Supreme Court after a high court reinforced their guilty verdict.
The students had earlier dropped their plan to appeal against the lower court's verdict and the six month jail terms saying that they did not believe in the courts' fairness.
In a new twist to their case, however, the Jakarta High Court not only upheld the ruling, it also added a few months to their sentences, one by a total of 14 months, for contempt of court, saying that the students had used the court hearings for political propaganda.
The high court had acted on an appeal by the government prosecutors who had insisted on stiffer punishments.
Rita Serena Kalibonso of the YLBHI told The Jakarta Post yesterday that the students had every right to appeal to the Supreme Court because the high court had violated some procedures in treating their cases. "The students are entitled to appeal against the verdict, and we are ready to help them."
The court failed to inform the students on time about the appeal filed by the prosecutors against the lower court's decision.
The high court, she said, was late in informing the students about the reasons why the prosecutors rejected the decision. "Because of this situation, the students could not file their response," she said.
YLBHI lawyers represented most of the students during the trials at the Central Jakarta District Court, which were marked by various controversies.
Rita said the lawyers would visit the students who are being detained at the Salemba and Pondok Bambu penitentiaries to inform them about the procedures for filing an appeal.
"We will also explain to the students about the legal considerations of the verdict," she added.
The students were only formally notified of the high court ruling on Wednesday, one day after they were supposed to be freed at the completion of their six month jail terms.
The 21 students, including two women, were found guilty by the Central Jakarta District Court last month for defaming Soeharto during a demonstration at the House of Representatives on Dec. 14.
The high court ruling gave the stiffest jail term, 14 months, to Adi Kurniawan, who was also the most outspoken of the 21 students during their noisy trials.
Next with 12 months each was one of the woman students, Yeni Rosa Damayanti, and Gunardi Aswantoro, Wandy Nicodemus and Teddy Wibisono. Six others got 10 months and the other 10 students received eight months.
Luhut M.P Pangaribuan of the YLBHI who coordinated their defense said he was not informed of the prosecutors' decision to appeal the lower court verdict, in contravention of normal legal procedures.
He only found out about the appeal when the Jakarta High Court announced its ruling, he said as quoted by Kompas. (par)