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)