Court rejects suit challenging decision to drop Soeharto case
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)