Sun, 18 Jun 1995

Judge Benjamin gives 'Tempo' ray of hope

By T. Sima Gunawan

JAKARTA (JP): Judge Benjamin Mangkoedilaga, whose verdict on the Tempo case became a landmark in the judiciary, has an advice for the weekly's diehard journalists: "Don't ever lose your hope."

"You may lose everything, including the publishing license, but don't ever lose your hope for good things," Benjamin said.

Benjamin, head of the Jakarta State Administrative Court, and associate judges Sumaryono and Tengku Abdul Rahman Husni, recently ruled in favor of Tempo's former chief editor Goenawan Mohamad and its 40 former staff members. On May 3, the judge stated that the government's decision to revoke Tempo's publishing license was unlawful, and ordered the defendant, Minister of Information Harmoko, to issue a new license for the weekly.

The decision, however, is not final as Harmoko has stated he will appeal to the High State Administrative Court in Jakarta.

"If the high court grants the minister's appeal, I will respect the decision, even though I disagree with it," Benjamin said.

"As for the plaintiffs, they will have a chance to appeal to the Supreme Court," he said.

Benjamin acknowledges that there will not be any guarantee that the Supreme Court will rule in favor of Tempo's former editor and staff members.

"Everything is unpredictable. Everything is possible," he said in an interview with The Jakarta Post early this week.

Benjamin called upon both the plaintiffs and the defendant to respect the final decision.

Even if Tempo loses, the journalists shouldn't lose their hope for good things, Benjamin asserted again.

Tempo's former journalists and employees have been split into two groups. Some of them took the offer of timber tycoon Bob Hasan to establish a new magazine called Gatra, but some others insisted on having their own, independent magazine.

Criticism

Tempo was banned on June 21, 1994, for its editorial content. Two other news weeklies, Editor and DeTik, were closed at the same time. The multiple bannings shocked and upset the public, drawing severe criticism from both inside and outside the country.

Unlike Editor and DeTik, which did not take the case to court, Tempo filed five separate lawsuits against the government.

The recent favorable court decision was beyond public expectation. Many people, including the weekly's former editor Goenawan Mohamad, had expressed skepticism about the possibility that Tempo would win. There have been many reports about the mess of Indonesia's legal system, such as the government's interference in judiciary, which has eroded public trust of the courts.

Just like the June 1994 bannings, the recent verdict also drew attention here and abroad. Benjamin made headlines and was showered with praise.

"I was thankful and happy," he said.

Appreciation is worth more than material things, he added.

Aware that his decision had brought great pleasure and amazement to the public, Benjamin called upon the people to be calm.

"Remember what President Soeharto said about not being easily surprised and astonished," he said.

He referred to Soeharto's words: aja dumeh, aja gumunan, aja kagetan (don't be smug, don't be easily astonished and don't be easily shocked or surprised).

The public applause to his decision didn't change Benjamin.

"I am just a common man. I am not a star," he stressed.

Benjamin's verdict on Tempo's case was not the first controversial decision he has made. In 1986, as a Bandung District Court judge, he sentenced a woman to death for killing her husband.

In April this year, he also ruled against the Minister of Trade who had revoked the business licenses of five future trading companies.

But Benjamin has not always sided with the people.

He turned down the suit filed by Cimacan, West Java, farmers who claimed that their land was seized to make way for the opening of a golf course. The farmers lost because they could not produce a document to prove their ownership on the land. Benjamin made the decision in 1989 when he was the head of the Cianjur District Court.

Benjamin denied the accusations by some people who say that there is no legal certainty in Indonesia. Instead, he showed understanding about criticism over the lack of justice in the country.

He is aware that there are some judges who step out of the line, saying that people will make mistakes.

"A judge should have the character of a judge," he said.

He implied that a judge isn't a businessman who trades law to make profit.

He said judges don't make a lot of money, but he believes that there must be a way to cope with the financial problem.

"I have just got an offer to teach at a prestigious university in town," he said.

Benjamin is obviously against bribery in the handling of court cases, but early reports said he doesn't mind receiving gifts from people who win court cases he has presided over.

The judge, however, refused to discuss the reports.

"Don't ask me such things," he said.

He said that a judge should be wise, persistent and tough.

A judge should be tough because not all people will like the judgments he or she makes.

"The winner will hail the decision, but the loser will roar," he said.

He knows there are people who didn't like his decision in the Tempo's case, but that doesn't worry him because he believes he did the right thing.

He said there was nothing special about the case.

"It was just a common case. Our duty (in the administrative court) is to examine administrative decisions made by the government," he said.

It was not a matter of having the courage to rule against the government, according to the judge. The decision should be based on what the judges believe to be true.

"People do not have to lose all the time," he said.

Benjamin said that he had never experienced any pressure from the government in connection with the Tempo's case.

He said he was not afraid that the decision might affect his career as a judge.

"What is my mistake?" he asked.

A graduate of the University of Indonesia's School of Law in 1967 and also the first leader of the university's marching band, Benjamin said he became a judge "by accident". He said he had to abandon his dream to become a naval officer or a locomotive engineer as he could not resist his father's insistence that he study law.

His first job as a judge was in the Rangkasbitung District Court, West Java, where he was on duty for seven years. In 1974 he was transferred to the Denpasar District Court.

He spent four years studying state administrative courts in Paris, from 1977 to 1979, and from 1984 to 1985.

He had been a North Jakarta District Court judge and chief of the Cianjur District Court in West Java before the government appointed him head of the Surabaya State Administrative Court in 1991.

On May 18, 1993, he was assigned to Jakarta State Administrative Court.

"I still have a long way to go. I have to be careful in building my career," the 58-year-old Benjamin said.

He said he thanked God for his position as head of the Jakarta State Administrative Court, which is "prestigious" and "strategic". But he hopes he still has a chance to go higher with his career.

"All army members want to become chief of staff. All judges want to become a chief justice," he said with a laugh.

He quoted first president Sukarno as saying Hang jauw idealen aan de sterren, als ze daan niet hangen, uallen ze neer (hang your ideal on a star, otherwise it will fall down).

Asked if he admired Sukarno, he said he admired all people who were accomplished in their fields, including artist W.S. Rendra, tennis player Yayuk Basuki, shuttler Susi Susanti and singer Nike Ardilla, who died earlier this year in a road mishap at the age of 19.