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