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)