Abuse of justice feared in 'Tempo' case
Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta
Lawyers representing Tempo media group alleged on Tuesday that judges had abused their authority in handling a libel suit against the group, following the confiscation of some of the group's property.
Legal team leader Todung Mulya Lubis said that they would file an objection to the confiscation with the East Jakarta District Court, which had issued the order as requested by businessman Tomy Winata, who has alleged the group libeled him.
"If the panel of judges were fair, they would issue a ruling on our objection within a week," Todung told a media briefing. Lawyers Maqdir Ismail, Lelyana Santosa and Tempo senior editor Fikri Jufri were also present.
"We shall file a report with the Supreme Court on alleged irregularities in the court's decision to confiscate Tempo properties and propose that the court advise all judges to be prudent when contemplating the issuance of a confiscation," he said.
On Monday, the East Jakarta District Court confiscated the residence of Tempo cofounder Goenawan Mohamad in Pulo Mas, East Jakarta, as well as the office building of Koran Tempo daily on Jl. Kebayoran Baru, South Jakarta.
Tomy filed a civil suit against Koran Tempo daily and Goenawan on June 5, 2003, over news articles published on March 12 and March 13, demanding a total of Rp 21 billion (US$2.47 million) in compensation for potential material and nonmaterial losses.
The articles in question ran excerpts of Goenawan's comments on an attack by Tomy's supporters on Tempo's office and journalists on March 8, who, along with other news sources, condemned the act as thuggery that threatened media independence.
On July 7, Tomy's lawyers withdrew the suit, but refiled it with the same court on Aug. 8. The same panel of judges, Mabruq Nur, Surya Darma Belo and Rustam Idris, signed the confiscation order for the properties on Sept. 25, one week after the plaintiff's lawyers submitted the request.
Maqdir Ismail, one of Tempo lawyers, said that Koran Tempo daily was not a corporate body and therefore not a legal entity.
"How could the judges have issued such an order without initially examining the case, which is obviously flawed?" he asked.
Fikri highlighted suspicions that there had been orchestrated legal action, which, he said, was "proof of a black market of justice in the country."
"Many reporters were at the scene hours before the bailiff confiscated Goenawan's residence. What puzzled me is how the bailiff was certain that the house belonged to Goenawan without producing any documentation on the property. Tomy's lawyer admitted he was not aware of the confiscation, while the court had not sent any prior, written notice to either Tempo lawyers or the house occupants," he said.
Alliance of Independent Journalists (AIJ) chairwoman Ati Nurbaiti said in a release that confiscation, which has very rarely been used on corruption suspects, was another form of restriction on press freedom.
AIJ urged the Supreme Court to examine the panel of judges who issued the order. It also called on police, prosecutors and judges to use the 1999 Press Law instead of merely the Criminal Code in cases involving allegations of press impropriety.
"All journalists should be united in combating any form of intimidation perpetrated by either the state, thugs or powerful businesspeople who threaten press freedom," she remarked.