Court declines request to return Goenawan's asset

Court declines request to return Goenawan's asset

M. Taufiqurrahman, The Jakarta Post, Jakarta

The East Jakarta District Court on Wednesday decided not to annul
the previous court order to freeze property belonging to Tempo
co-founder Goenawan Mohamad, the accused in a defamation suit
filed by businessman Tomy Winata.

The decision came after a lengthy argument between the legal
teams of the plaintiff and the accused.

"Although we realize that the previous order is erroneous, the
panel of judges will not revoke it, not before a final ruling on
this case," presiding judge Zainal Abidin Sangaji told the
courtroom packed with journalists.

Sangaji said the asset preservation order issued on Sept. 25
would still be included in the indictment.

The previous panel of judges led by Mabruq Nur bowed to Tomy's
request to freeze Goenawan's house in Pulo Mas, East Jakarta, and
the office building of Koran Tempo daily in Kebayoran Baru, South
Jakarta, although the office building is not under the magazine's
ownership.

The asset preservation order is meant secure the property as
collateral to Tomy's demand for Rp 21 billion (US$2.47 million)
in compensation for possible damages resulting from Goenawan's
published remark, which warned people not to let the country fall
into the hands of thugs and Tomy Winata.

Under the Indonesian legal system, it is common for the
plaintiff in a civil lawsuit to request the defendant's property
be seized as collateral.

However, the request is usually approved by the court in a
case that involves a financial dispute between the plaintiff and
the accused. The issuance of the order against Goenawan is the
first to be issued in a defamation case.

The order immediately sparked criticism from the public, who
accused the judges of colluding with the well-connected Tomy.

Mabruq and panel member Surya Darma Belo were soon replaced
"due to their promotion to higher positions". Supreme Court Chief
of Justice Bagir Manan said the new panel had the right to revoke
the controversial order.

Tempo lawyer Darwin Nasution said the team was not satisfied
with the court's latest decision.

"Even if our clients won the case, the assets would still be
frozen, as the plaintiff will surely appeal the ruling. The
process could take years before a final verdict is given," he
told The Jakarta Post.

The hearing of the Tempo case will resume on Oct. 22, when the
plaintiff's lawyers present new evidence against the accused.

Press must unite against threat to freedom: Goenawan

Goenawan Mohamad, a senior journalist and co-founder of Tempo
magazine, called on journalists throughout the nation to join
forces in the battle against any efforts to curb the budding
press freedom.

"We must unite and resist any attempts to limit press freedom,
otherwise this hard-earned liberty will be put at risk," he said
on Wednesday, while attending the trial on Supratman, the
executive editor of Rakyat Merdeka daily at the South Jakarta
District Court.

Supratman was awaiting the verdict on the charges of insulting President
Megawati Soekarnoputri, which was to be handed down on Wednesday.
Prosecutors demanded a one-year sentence.

In a show of solidarity, Goenawan underlined that prosecuting
journalists without reference to the Press Law was a clear and
present danger to the freedom of the press.

"If one journalist is imprisoned, others will follow."

The Wednesday hearing was delayed and adjourned until Oct. 27,
as presiding judge Zoeber Djajadi was unavailable, attending a
workshop being held by the Supreme Court. -- JP