Court repudiates lawsuit against President Soeharto

Court repudiates lawsuit against President Soeharto

JAKARTA (JP): The State Administrative Court rejected
yesterday a lawsuit filed by environmental groups against
President Soeharto over his decree granting Rp 400 billion
(US$183 million) intended for reforestation programs to the
state-owned aircraft company (IPTN).

But the plaintiffs' lawyers said they considered moving the
case to a Jakarta district court.

"The Jakarta State Administrative Court does not have the
authority to handle the case because the presidential decree was
not an administrative decision," the chief of the administrative
court, Benjamin Mangkoedilaga, who presided over the trial, said.

Six non-governmental organizations for environmental
protection filed a lawsuit against the head of state last August
for issuing a decree in June 1994, which ordered the forestry
ministry to grant the 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
airplane, the N-250. The prototype of the aircraft was rolled out
at the end of the Senior Officials Meeting of the Asia-Pacific
Economic Cooperation forum, which coincided with the nationwide
commemoration of Heroes Day on Nov. 10.

The money, contributed by firms which hold timber concessions,
was to be used for planting trees in logged areas.

Benjamin said that the presidential decree was not a final
decision because the forestry minister had yet to issue a decree
on the transfer of money to IPTN.

He said the transfer of funds from the ministry's account to
IPTN would be based on an agreement between the forestry ministry
and IPTN, not on the presidential decree. The case should now be
regarded as a civil matter, he added.

The plaintiffs previously argued that the government violated
a 1990 presidential decree which stipulates that reforestation
funds should be used solely for reforestation programs. Another
decree on how the funds should be used was issued in 1993 to
revise the old one, they 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.

The plaintiffs claimed that the presidential decree is already
in effect because it does not need any approval from higher or
other institutions.

"The minister of forestry is one of the President's
assistants, meaning all of his actions are for the implementation
of the presidential decree," they said in a previous statement.

The court also rejected the rights of two of the environmental
groups, the Foundation of Indonesian Tropical Nature and the
Pelangi Foundation, to file the lawsuit.

Benjamin said the Foundation of Indonesian Tropical Nature
does not have an official license as a foundation, while the
Pelangi Foundation has no right to sue because Agus Pambagio and
Tri Nugroho, who filed the lawsuit on behalf of the Pelangi
Foundation, were not appointed by the majority of the
foundation's board of directors.

Lawyers representing the plaintiffs said they would consider
appealing to a higher court against the decision.

"We will discuss the decision with the plaintiffs but we will
likely appeal," Bambang Widjojanto, one of the lawyers, said.

"We also are considering filing a suit with a (Jakarta)
district court," he said. (imn)