Hiring top lawyers an abuse of power, say activists
Ahmad Junaidi, The Jakarta Post, Jakarta
Governor Sutiyoso's decision to hire top-notch lawyers in facing flood victims in next Wednesday's class-action trial at the Central Jakarta District Court has been condemned by activists.
Azas Tigor Nainggolan of the Jakarta Social Institute (ISJ), a lawyer who represents the victims, said Saturday that Sutiyoso would have misused his power by paying his lawyers using the 2002 City Budget.
"As far as I know, the budget has never allocated certain funds for lawyers," said Tigor, who is also chairman of the Jakarta Residents Forum (Fakta).
Tigor -- who was reported by Sutiyoso to the police for defamation after he publicly stated the governor has bribed city councillors -- viewed Sutiyoso was trying to use the people's money for his own interest against the public, especially the flood victims, who questioned his policy on the flood control management.
The victims have recently filed a class-action suit demanding compensation from the administration for losses incurred as a result of the floods since late January. They lambasted the administration for failing to give prior warning before the floods.
Activist Wardah Hafidz, chairwoman of the Urban Poor Consortium (UPC), shared Tigor's opinion by saying that Sutiyoso's decision could be categorized in collusion and corruption practices.
"Sutiyoso has often used public money without clear explanation or reason," said Wardah, who also supported the victims.
Wardah and her UPC members were recently beaten by the Betawi Brotherhood Forum (FBR) at the National Commission for Human Rights office after she accused the forum to receive money from Sutiyoso.
Wardah and Tigor were among the pro-bono lawyers to assist the victims in court who will meet face-to-face with the three top- notch lawyers of Mohamad Assegaf, Yan Juanda Saputra, and R.E. Abikusno.
"Let the public know who defended the people and democracy and who stood on the other side defending power," Wardah said.
Tigor said some 32 lawyers from ISJ, the Jakarta Legal Aid Institute (LBH), Indonesian Center for Environmental Law (ICEL) would be ready to fight the three lawyers in the court.
"We are not afraid of them. It also mean that we give them jobs," he said, laughing.
Some 14 representatives of flood victims filled the lawsuit on March 13, demanding the President, Jakarta Governor and West Java Governor to pay compensation of more than Rp 2.7 billion (US$270,000).
The plaintiffs said that more than 97,000 families -- or 365,000 people -- were forced to leave their houses, and take refugee due to the huge flooding that had paralyzed the city for a whole week.
Instead of deploying officials from the City Legal Office, the administration named the lawyers in facing the class-action lawsuits.
Both Assegaf and Yan are known for their high profile clients.
Assegaf is a lawyer of former President Soeharto, Hutomo "Tommy" Mandala Putra -- who is being charged for murdering Supreme Court Justice M. Syafiuddin Kartasasmita, illegal arm possession and absconding from justice -- and Sjahril Sabirin, who was sentenced three years in jail in the Bank Bali scandal but still remains free.
Yan Juanda is a lawyer of former president B.J. Habibie, who was recently questioned as a witness in the State Logistics Agency (Bulog) scandal with suspect former State Secretary Minister Akbar Tandjung.
After Friday's meeting with his lawyers, Sutiyoso claimed that the lawyers' fee would be taken from the city budget. The fee is reportedly reached US$400 each per hour for legal consultation and they are also entitled to 10 percent of the "value" of the case, if it goes to court.