Court sentences
Court sentences
The Central Jakarta District Court's council of judges
sentenced 115 PDI-Megawati supporters to an average of four
months and three days in jail because it found them guilty of
violating Article 218 of the penal code which reads: "Whoever, at
the time of a gathering of people, intentionally does not leave
the place immediately after being ordered to do so three times by
and on behalf of the authorities, is in the wrong for having
participated in forming the crowd, and is sentenced to a maximum
of four months and two weeks in jail or payment of a maximum fine
of Rp 9,000."
Is the sentence correct? I do not think so, because:
a. Those who first formed a crowd on the street were some 200
PDI-Soerjadi task force members. They were assisted by security
men. Soerjadi's supporters intended to chase the PDI-Megawati
supporters from the PDI secretariat building on Jl. Diponegoro.
The two groups hurled stones at each other. Soerjadi's supporters
managed to enter the yard and with the aid of security men,
ordered their opponents to leave the premises. The Megawati
supporters did not obey the order because they were authorized to
occupy the PDI secretariat building. The PDI-Megawati side did
not disturb the order.
b. The security people (the police) did not bring a court order
to vacate and take over the PDI secretariat.
c. The police should have ordered Soerjadi's supporters to
disperse because they disturbed public order by crowding in front
of the PDI secretariat, created disorder and stormed the
building. Instead, they assisted these people. It is strange,
unbelievable.
The court sentence is clearly not correct. It is also not
equitable, as borne out by the factual happenings. The defendants
were each given sentences of four months and three days to
approximate their time in police detention.
It is only right that counsel for the defense, a team of pro-
democracy lawyers, has appealed against the decision of the
Central Jakarta court.
What is even more peculiar is that the Metro Jaya police have
interrogated Soerjadi and no proof of guilt has been found. Did
Soerjadi order PDI secretary-general Buttu Hutapea and 200 task
force members trained in Cibubur to attack and take over the PDI
secretariat building? Why were they allowed to take the law in
their hands?
What can one do against this legal mockery in this country?
Another legal farce took place at the Supreme Court with the
decision by a council of justices under Soerjono, who canceled
justice Adi Andojo's decision to free labor activist Muchtar
Pakpahan. Instead, it sentenced Pakpahan to four years in jail.
The council of justices at the Supreme Court had approved the
prosecutor's request for a review. All this was in disregard and
in violation of the stipulations of the criminal code.
SUHARSONO HADIKUSUMO
Jakarta