Sat, 13 Jun 1998

Four activists exonerated from demonstration charges

JAKARTA (JP): The Central Jakarta District Court pronounced yesterday that four activists from the Indonesian Prosperous Labor Union (SBSI) were not guilty of charges of holding an illegal demonstration.

The defendants -- Kuldip Singh, Widhi Wahyu, Wandy Nicodamus Tuturoong and Farah Diba Agustine -- were on trial for holding a street rally on Jl. M.H. Thamrin, Central Jakarta on March 9.

Presiding judge I.G.N. Nyoman Putra declared yesterday that the four were not guilty.

"The decision was made by the panel of judges without pressure from any other party. It's not connected with the recent political situation either and is only based on the facts of the trial," Putra said.

He said the defendants did not violate Article 5 of Law No. 5/1963 on political activities since the law, issued under Indonesia's first president Sukarno, was no longer relevant to the current political situation.

The court also declared that the defendants did not violate Article 218 of the Criminal Code for conducting an illegal demonstration and ignoring police orders to disperse.

Only one witness, a police officer, testified that the defendants ignored the police order, he said.

"The police should actually use amplifiers, such as a loud speaker, to disperse the demonstrators. But they did not," Putra said.

He said the police officer arrested the defendants at a bus shelter near the scene and ordered them to a nearby police office for questioning.

"The fact is, the defendants dispersed by themselves. The demonstration also did not disturb public order, such as by causing traffic congestion," he said.

Putra said the names of the defendants would be restored and the cost of the trial would be borne by the state.

Prosecutor Suhardi is still considering whether to appeal the decision.

He earlier asked the court to sentence Kuldip, Widhi and Wandy to three months in jail each and Farah to 15 days in jail for ignoring the police order.

Kuldip, Widhi and Wandy had been detained for 47 days since their arrest on March 9. Farah was held for 11 days.

The defendants and their lawyers from the Indonesian Legal Aid and Human Rights Association (PBHI) accepted the judge's decision.

The four activists were the only defendants freed from the charges.

In earlier trials, the city's district courts have jailed activists, such as actress Ratna Sarumpaet and hundreds of supporters of ousted Indonesian Democratic Party (PDI) leader Megawati Soekarnoputri, under the same charges of ignoring police orders. (jun)