Groups pursue litigation against President

Groups pursue litigation against President

JAKARTA (JP): Six environmental organizations are pursuing
their litigation against President Soeharto for what they claim
as misappropriation of Rp 400 billion ($175 million) of forestry
funds, although they previously lost their case at the high
court.

Soekardjo Adidjojo, one of the lawyers representing the six
non-governmental organizations, told The Jakarta Post on Friday
that the groups have already filed an appeal with the Supreme
Court.

The Jakarta State Administrative High Court recently upheld a
verdict by the lower court which ruled against a petition by the
plaintiffs to bar the President from using the fund for purposes
other than forest conservation efforts.

The plaintiffs are the Indonesian Forum for the Environment
(Walhi), the Foundation of Indonesian Tropical Nature, the
Foundation of Forum of the Study of Population and Environment,
the Foundation of the Institution of the Development of
Environment and Human Resources, the Indonesian Center for Law
Development and the Pelangi Foundation.

"We found no new facts or evidence that could nullify the
decision made by the Jakarta State Administrative Court," Judge
Charis Soebijanto, who is chief of the Jakarta State
Administrative High Court, said in his verdict dated last July.

A copy of the verdict was only received by the plaintiff's
lawyers early this month.

Judge Charis said the legal grounds provided by the lower
court were accurate and correct. "We uphold the Jakarta State
Administrative Court's decision and take over all of its legal
reasoning as ours," he said.

The case is one of the few rare litigations brought against
President Soeharto.

The environmental groups were opposing the President's decree
in 1994 to allocate some Rp 400 billion, reforestation fees
collected from forest concession holders, to the state-owned
aircraft company IPTN. The money was lent interest free.

The company, headed by powerful State Minister of Research and
Technology B.J. Habibie, used the fund for the development of its
latest product, the N-250, which made its maiden flight in
August.

Walhi and the five NGOs in their petition to the Jakarta
Administrative Court in August 1994 argued that when the fund was
started by a 1990 presidential decree, it was clearly stipulated
that the money would be used solely for reforestation programs.

The money, contributed by firms which hold timber concessions,
was to be used for replanting trees in the concession areas.

The Jakarta State Administrative Court in its verdict in Dec.
1994 ruled that it had no authority to handle the case because
the presidential decree was not an administrative decision.

Soekardjo Adidjojo criticized the high court's decision to
simply look at the facts and evidence presented during the lower
court hearings.

He pointed out that Law No. 14/1970 on judicial power
stipulates that high court judges have the authority to look for
new facts and evidence from sources other than those presented at
the lower court.

He added that he hoped the Supreme Court would take this into
consideration. (imn)