Court authority queried over suit against President

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)