Court authority queried over suit against President
JAKARTA (JP): President Soeharto yesterday questioned the right of the State Administrative Court to hear a lawsuit filed against him for granting Rp 400 billion (US$182.9 million) earmarked for reforestation programs to the state-owned aviation company IPTN.
Lawyers representing the President told the Jakarta Chapter of the State Administrative Court that it did not have the authority to hear the lawsuit filed by six environmental groups, seeking the abolition of a presidential decree allowing appropriation of reforestation funds for IPTN.
"The President can only be questioned by the People's Consultative Council (MPR), not by the court," chief attorney H.V.A Lumempouw said in a defense statement before the court.
He said the presidential decree was made based on the MPR's ongoing five-year development plan, which can only be examined by the MPR general assembly.
The presidential decree, issued in June 1994, ordered the forestry ministry to grant a Rp 400 billion (US$182.9 million) interest-free loan to IPTN.
The money, drawn from interest earned on reforestation funds held by state banks, is to be used by IPTN to develop its latest model, the N-250, the prototype of which will be rolled out this month when leaders of the Asia Pacific Economic Cooperation (APEC) forum attend a summit meeting in Indonesia.
The money, contributed by firms which hold timber concessions, was to be used for planting trees in logged areas.
The President's legal counsel said the presidential decree is not yet in effect.
"The minister of forestry and IPTN's president have not issued any regulation for the implementation of the presidential decree," Lumempouw said.
The lawyers also said the six non-governmental organizations do not have the authority to act as the plaintiffs because the decree has not caused them any damage.
The plaintiffs previously said the government had violated a 1990 presidential decree which stipulates that reforestation funds should be used only for reforestation programs. Another decree on how the funds should be used was issued in 1993 to revise the old one, they said.
Trust
"The allocation of the funds has eroded the public trust in the government's commitment to the reforestation program," the plaintiffs said.
The plaintiffs are the Indonesian Forum of Environment (WALHI), the Foundation of Indonesian Tropical Nature, the Foundation of Forum of the Study of Population and Environment, the Foundation of the Institution of the Development of Environment and Human Resources, the Indonesian Center for Law Development and the Pelangi Foundation.
They are represented by Soekardjo Adidjojo and Bambang Widjojanto from the Indonesian Legal Aid Foundation (YLBHI), Nursyahbani Katjasungkana from Women's Solidarity for Human Rights, Abdul Hakim Garuda Nusantara from the Institute of Research of Social Advocation and Nur Amalia of the Jakarta Legal Aid Institute (LBH).
The President is represented by government officials from the Attorney General's Office. They are H.V.A. Lumempouw, H.M. Adenan, R. Wiyono, Slamet Soedarmadji and M.S. Rahardjo,in the case.
It is the first time the State Administrative Court has handled a lawsuit against the head of state since it was established in 1991.
The trial was adjourned until Nov. 11, when the court will hear the plaintiffs' objection to the President's defense statement.(imn)