Wed, 03 Nov 1999

Court rejects suit challenging decision to drop Soeharto case

JAKARTA (JP): The Central Jakarta District Court rejected on Tuesday a lawsuit filed by a group of 61 North Sumatra lawyers challenging the validity of an Oct. 11 decree from the Attorney General's Office. The decree put an end to a year-long investigation into alleged corruption practices of former president Soeharto.

"The court has no competency to try the lawsuit because the Attorney General's Office, the subject in the lawsuit, is located in an area under the supervision of the South Jakarta District Court," said presiding Judge Dalil Achmad.

Achmad quoted Article 81 of the Criminal Code Procedure, saying that a person or party could file a lawsuit with a district court if the prosecutors stopped an alleged invalid investigation.

"However, such a lawsuit can only be lodged with a district court which supervises the respective prosecutor's office," he told a packed courtroom.

He dismissed the plaintiffs' defense statement in the previous hearing that the case could be tried at any of the capital's district courts.

"Although the Attorney General's Office is located in the country's capital, Jakarta has five district courts. And the Attorney General's Office is situated in South Jakarta, which is under the supervision of the South Jakarta District Court," he said.

A lawyer representing the plaintiffs, Junaidi, said the Medan- based lawyers would lodge an appeal with the Jakarta High Court.

It was the second defeat for the public in their legal battle challenging decrees from the Attorney General's Office.

Last week, the South Jakarta District Court rejected two civil lawsuits which were filed by two different groups of lawyers: the Indonesian Law Defender Team (TPHI) and the Forum for Lawyers and Defenders of Law, Justice and Democracy (FPPHKD).

Each presiding judge separately ruled that the plaintiffs lacked legal grounds in which to file the lawsuits.

"The plaintiffs were not parties who directly suffered the losses caused by alleged corruption committed by former president Soeharto," said one of the judges, Rusman Dani, at the hearing.

During his tenure, Soeharto urged some state enterprises to contribute 5 percent of their profit to his charities, including the Dakab and Dharmais foundations. (asa)