Case against `Kompas' continues in court
Case against `Kompas' continues in court
Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta
After failing to find an out-of-court settlement to their
dispute, lawyers of both businessman Marimutu Sinivasan and
Kompas daily began on Monday to settle the libel case at the
Central Jakarta District Court.
During the hearing, Marimutu's lawyers told the court that
their client demanded US$151 million (approximately Rp 1.23
trillion) in compensation for dozens of articles published by the
newspaper since 1999, which they claimed had tainted the
businessman's image.
Last week, presiding judge Iskandar Tjake gave the defendant
and the plaintiff a seven-day period to settle their case
amicably before resuming the trial.
Marimutu's lawyers said more than 35 of the daily's articles
and cartoons published between 1999 and April 2003 had tarnished
the image of 18 companies affiliated to the businessman's giant
PT Texmaco Group.
Those articles have hampered the group's ability to expand
business and obtain loans, they added.
"The group never received special financial schemes from the
government ... neither was there a bailout of Rp 16.5 trillion
for the group's debts," one of the lawyers said, countering one
of the articles.
Those articles were mostly critical of the alleged facilities
received by the Texmaco group from former president Soeharto to
expand their business empire ranging from engineering and
chemicals to trucks.
Marimutu's lawyer Y.B. Purwaning M. Yanuar from the Otto
Cornelis Kaligis and associates law firm argued that the articles
defamed her client and had caused material losses of $150
million.
Marimutu also demanded that Kompas, its founder Jakob Oetama
and chief editor Soeryopratomo pay another $1 million in
nonmaterial losses.
The plaintiff demanded the daily publish a full-page apology
in a number of national dailies, magazines and broadcast an
apology on television, and that the court seize the defendant's
assets for collateral.
Kompas lawyer Amir Syamsuddin said Marimutu's lawsuit was
obscure because it was based on excerpts from news articles, none
of which indicated the daily's editorial stance.
Moreover, he said, the Civil Code stipulates that a civil case
on libel was invalid one year after its publication, and the
plaintiff had never used their right to respond or to correct the
articles.
Therefore, only three of the 35 articles, which were published
in 2003, were valid in the case.
In a similar case, Marimutu also sued Tempo weekly and
demanded the defendant pay a total $51 million in compensation .
The judges adjourned the hearing until next week to give both
disputing parties the opportunity to settle the case out of
court.