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