Criminal Code used in `Tempo' trial
M. Taufiqurrahman, The Jakarta Post, Jakarta
Central Jakarta District Court brushed aside demands from Tempo weekly journalists on Monday to terminate the prosecution against them unless it was based on the Press Law instead of the Criminal Code, and ruled that the libel suit was lawful.
Reading the court's responses to the objection from the weekly's chief editor Bambang Harymurti and journalists Ahmad Taufik and T. Iskandar Ali, presiding Judge Andriani Nurdin said that the panel of judges had no authority to decide that the indictment should be modified in line with Law No.49/1999 on the press.
"The panel of judges did not touch on the matter because it is not included in the points of objection stipulated in Article 156 of the Criminal Law Procedures Code (KUHAP)," she told the courtroom.
The article stipulates that judges have to take into consideration objections made by the defendants or lawyers regarding the authority to hear a case or the validity of a case.
The same panel of judges holds two separate hearings; one is on Bambang Harymurti while another is on Taufik and Iskandar Ali. They are charged with violating Article 14(1) of the Criminal Code for deliberately disseminating rumors and publishing a erroneous report that could provoke public disorder. It carries a maximum sentence of 10 years in prison.
The prosecutors also charged the three with violating Articles 310 and 311 of the Criminal Code on defamation, which carries a maximum penalty of four years in prison if the defendants cannot provide evidence to substantiate their report.
"The prosecution has met all criteria required and we have come to the conclusion that it can go ahead," Andriani said.
The case revolves around the publishing of an article last March titled Ada Tomy di 'Tenabang?' which insinuates that businessman Tomy Winata was responsible for a fire that razed the Tanah Abang textile market in Central Jakarta.
Experts and media people had repeatedly urged the use of the Press Law in cases related to media groups, arguing that the use of the Criminal Code would further quell press freedom.
Defense lawyers of Tempo journalists said they would appeal the court decision, arguing that the indictment made against their clients was flawed.
"In the indictment, Taufik was mentioned both as a defendant and a witness. For us, it constitutes a cardinal error as one cannot have both qualities at the same time," lawyer Trimoelja D. Suryadi said.
He also said that the appeal would also concern the use of fraudulent documents in the dossiers of the weekly's journalists.
"A letter from Governor Sutiyoso saying that he did not receive a proposal from Tomy for the reconstruction of Tanah Abang market is very much relevant to this case," he said.
The governor issued a letter dated March 13 as a response to Tomy's letter sent to the governor on the very same day.
The two hearings are adjourned until Oct. 20 to hear testimonies from witnesses Anton Anggoman, Andi Betung and Tomy himself.