Tue, 06 Sep 2005

Court adjourns Akbar-filed defamation suit

The Jakarta Post, Jakarta

The first hearing of a defamation suit filed by Akbar Tandjung against a senior high school teacher and publisher PT Erlangga was adjourned on Monday after the publisher's representative failed to show up.

Akbar, who was not present at the hearing, was represented by a team of lawyers led by Atmajaya Salim at the North Jakarta District Court.

The former House of Representatives speaker is suing Retno Listyarti, a civics teacher at State Senior High School No. 13 (SMAN XIII) in North Jakarta, for Rp 10 billion (US$1 million) for writing a textbook he considers libelous.

In the textbook, Pendidikan Kewarganegaraan SMA, (High School Civics) Retno uses Akbar's Rp 40 billion graft trial in 2004 to highlight issues of transparency and the government's social security program in its second chapter.

Retno also discusses the one dissenting opinion handed down by Supreme Court justice Abdul Rahman Saleh, who found Akbar guilty of an abuse of power and working against the public interest. The other judges acquitted him of the charges.

The text book encourages students to discuss the court's decision.

In his complaint, Akbar said making his graft trial the subject of discussion had a psychological impact on one of his daughters, whose school, the Santa Ursula High School in Central Jakarta, also used the book.

Akbar's lawyer, Atmajaya Salim, said his client did not object to the case being inserted in the civics book, in the name of democracy and transparency in the education system.

"But the writing has to be balanced. It has to include the arguments for and against the case, which cannot be found in the book," he said at the court.

Head of the panel of judges Haryanto advised both parties to settle the case out of court. However, Retno and her lawyers rejected this move.

"We had earlier met to settle the matter, but then (Akbar's camp) filed the suit. So now we refuse any kind of mediation. Instead, we will also file suit against him," said Munarman from the Legal Aid Institute (YLBHI). He did not detail what kind of suit would be filed.

Munarman said his client had often been contacted by people claiming to represent the panel of judges, who had asked her for bribes.

Haryanto told Retno's camp to ignore the calls, saying they were "regular occurrences".

Also present at the hearing as an expert witness was senior advocate Adnan Buyung Nasution, who told the court Akbar's lawsuit was excessive.

"This book simply details the one dissenting opinion. Akbar shouldn't have been insulted by it or mad about it," Adnan said.

The next hearing is scheduled for Sept. 19.