IPTN, the 'Post' agree to settle out of court

JAKARTA (JP): The state-owned aircraft maker IPTN and The Jakarta Post agreed yesterday to settle out of court their dispute over the daily's inaccurate report on an airplane crash.

After a meeting of the two parties' lawyers, the daily's chief lawyer, Todung Mulya Lubis, told a joint press conference that a settlement was in sight.

"We are getting closer to the finish. I can say that the chance of a peaceful settlement has reached 90 percent, with the remainder resting on technical matters.

"We have almost reached a settlement that, on the one hand, won't harm the Post or the national press in general and, on the other hand, will support IPTN's efforts to develop," Todung said.

He said both parties would work on details of a settlement before resuming their talks which had been tentatively scheduled for July 11. It will be their fourth meeting since negotiations for an out-of-court settlement began June 17.

"It must be a give-and-take process, because it's impossible for each of us to win everything," said Todung who led a seven- strong team of lawyers.

"These negotiations do not aim to find a winner and loser," he said.

IPTN lawyer Erman Rajagukguk said that his client had never had any intention of taking the dispute to court.

"We have agreed on many things and I think there are no substantial problems between us. We hope we can maintain our efforts for an amicable settlement," he said.

Both Todung and Erman refused to say whether IPTN's demands or an offer by the Post had been discussed at the meeting.

In the article, the Post quoted an unnamed IPTN source as saying that the CN-235 military version aircraft had caught fire and one of its propellers had broken before it crashed after trying to drop a four-ton cargo at Gorda airbase in Serang, West Java, last month. Six people were killed in the accident.

IPTN has demanded that the Post pay for a correction and an apology in local and foreign publications. The format and editorial content of the apology and correction would be determined by IPTN. The company also demanded that the Post pay a negotiable amount of compensation.

The Post has rejected the demands, but has offered to publish a front-page exclusive interview with IPTN's president, issue a joint communique, hold a joint press conference and publish a half-page apology.

Erman said the Post's refusal did not affect negotiations.

"It is only a procedural matter which the Post has to meet. We issued the demands and the Post had to respond to them," said Erman, a professor at University of Indonesia's School of Law.

"The most important thing is that the Post opens the way for deliberations," he said.

Both teams of lawyers urged the press and the general public not to intervene while they wrapped up negotiations.

"We appreciate people's opinion on the case, but please do not spoil the settlement process," Todung said. He was referring to a group of demonstrators who protested Monday about Adnan Buyung Nasution representing IPTN.

Both parties said they did not need a mediator because they could reach a settlement by themselves. (amd)

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