Criminal Code used in `Tempo' trial

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.