Council settles 'Temmpo' pulp firm dispute using Press Law
Urip Hudiono, The Jakarta Post/Jakarta
In a welcome example of a successful story of an out-of-court settlement in a media-related case, PT Toba Pulp Lestari (TPL) pulp mill company and Tempo magazine had sought mediation at the Press Council to solve a dispute.
The settlement by the council is the 25th of some 60 major press-related cases that it has handled since its establishment in 2000.
TPL filed a complaint with the council on Aug. 10, at about the same time it sent its objections of the articles to Tempo.
The complaints were for three articles titled Selembar Ulos yang Sobek (A torn shawl), Royan di Bona Ni Pasogit (Royan in his hometown) and Kisah Si Pongah dan Lapo Tuak (A story of arrogance and drink stalls), which were published by the weekly in its July 5-11, 2004, edition. The articles were investigative reports on the current condition of the pulp mill, which is located in Porsea, North Sumatra, and has long been opposed by nearby residents.
The council verified that there were eight items in those articles that did not adhere to the Indonesian journalist code of ethics.
In the settlement, Tempo agreed to publish a news article of the settlement in its next edition and a two-page correction article with an additional interview of TPL on the disputed items within 30 days.
"Such settlements are the most preferred way of maintaining professionalism of the media, as well as upholding press freedom according to Law No. 40/1999 on the press," said Hinca Panjaitan, the council's legal division head, on Friday.
Besides being effective, the settlement was also efficient in terms of time and money.
"The settlement only took a little over a month and was virtually costless," Hinca said. "We have also strongly warned the reporter who wrote the article to always adhere to basic journalistic principles."
His statement was made a day after the Central Jakarta District Court sentenced Tempo chief editor Bambang Harymurti to a suspended one-year jail term in a libel case filed by well- connected businessman Tomy Winata.
Tomy and the Tempo media group have been at loggerheads in seven different cases, including against the weekly for its article, which questioned whether Tomy had something to gain by the massive fire at Tanah Abang textile market in February 2003.
TPL senior corporate advisor, Eduard Depari, said his party was satisfied with the fulfillment of their right to respond in the settlement. "There are no winners or losers in this case," he said. "The victor is the country's press freedom."
Similarly speaking, Bambang said he would be disappointed if TPL had not filed a complaint with the council.
"The press has a duty to convey accurate information to the public in a timely manner," he said. "Without any correctional feedback, it would not be able to properly do its important duty."
Hinca praised TPL and Tempo for resolving their dispute in a peaceful manner according to the Press Law.
He further said that Friday's settlement would be included as part of the council's motion to the Supreme Court to appoint it as the sole arbitrator for any media-related disputes.
"We are currently drafting up the motion and will soon send it to the Supreme Court," he said.
Press Council vice chairman Erha Siregar said the council had continually called for the use of the Press Law in any media- related case, and that any punitive settlements be in the form of fines, not imprisonment.
The Press Council was established in 2000 according to Article 15 of the Press Law. The council has nine members comprised of three printed media representatives, four from the rest of the media industry and two from the public. Its main duty is to nurture the development of country's press according to the Press Law.