Court rules to proceed with Soeharto vs 'Time'

Court rules to proceed with Soeharto vs 'Time'

JAKARTA (JP): Central Jakarta District Court issued a pretrial ruling on Tuesday stating it had the authority to continue hearing former president Soeharto's lawsuit against the New York- based Time magazine.

"Article 119 of HIR (Hegiene Indonesich Reglement) stipulates that a district court can try a lawsuit filed against several defendants if any of the defendants lives under the district court's jurisdiction," Endang Soemarsih, one of the panel judges, told the hearing.

She said one of the seven defendants, Lisa Rose Weaver, lives in an area under the jurisdiction of the Central Jakarta District Court.

"The lawsuit states that Rose lives on Jl. Sukabumi No. 2, Menteng subdistrict, Central Jakarta," she said, referring to the lawsuit.

HIR is a Dutch-inherited law which has been absorbed into the Indonesian legal system. Its function is similar to the current Criminal Code Procedure (KUHAP).

"Time is indeed based in New York. But as it is read by many Indonesians its articles have an impact on the Indonesian people," Endang said.

She added that a court convention rules that cases involving parties who live abroad are tried at the Central Jakarta District Court.

In the ruling, the judges rejected a defense statement filed by Time's defense lawyers that the Central Jakarta District Court could not try the case because Time's headquarters is in New York.

Todung Mulya Lubis, the head of Time's team of defense lawyers, said he was disappointed with the court's decision.

"The lawsuit has been sent to the wrong address. According to the Indonesian Press Law, the editor in chief of a magazine is the person responsible for its news content," he said.

Presiding Judge Sihol Sitompul then adjourned the hearing until Nov. 23, to hear responses from both sides over a Voeging (auxiliary lawsuit) filed by Tapos farmers against the former president. It is believed the farmers' lawsuit will have an impact on the judges' decision on the Soeharto vs Time trial.

Tapos is a large farm located in Ciawi subdistrict, some 60 kilometers south of Jakarta. The farm belongs to the former president.

Soeharto filed a civil lawsuit against Time last July demanding Rp 189 trillion (US$27 billion) and a US$40,000 (Rp 280 million) for immaterial and material losses respectively, in compensation for its allegedly slanderous article stating that he and his family had amassed a $15 million fortune during his 32- year tenure.

The lawsuit was filed immediately after the article appeared in the Time's May 24 Asian edition, with a cover reading "Soeharto Inc".

Through the lawsuit Soeharto's lawyers stated that the magazine had published untruths and had insulted Soeharto's good name.

The lawsuit named Time Inc. Asia based in Hong Kong as the first defendant. Also named were Time Asia editor-in-chief Donald Morrison, Hong Kong bureau chief John Colmey, and reporters David Liebhold, Lisa Rose Weaver, Zamira Lubis and Jason Tedjasukmana. (asa)