Judge heckled for 'inconsistent judgment'
Judge heckled for 'inconsistent judgment'
JAKARTA (JP): Students observing the trial of 12 National University (Unas) students heckled Judge Moegihardjo of South Jakarta District Court, targeting what the defendants and their lawyers called his inconsistent judgment.
The observers, angered by arguments between the judge and Luhut Pangaribuan, who represents six of the students, shouted sarcastic remarks whenever Judge Moegihardjo restated his ruling that the defendants would not be allowed to deliver their own defense statements.
Some of the observers even yelled at the judge "You authoritarian judge", and "Hear them first, then you can decide".
The 12 students on trial, all members of the Association of Nature Lovers, are accused of intentionally assaulting four members of the university's student regiment and of burning the regiment's headquarters on Oct. 18, 1994. The alleged attack came after regiment members reportedly destroyed the association's secretariat.
The emotional arguments between the judge and the lawyer arose when the students on trial demanded that the judge fulfill a promise made in the previous session. He had said the defendants would be allowed to make their own defense responses to the prosecutor's indictments.
"Your honor, according to Article 156 of the Criminal Procedure Code, a defense statement in reaction to the indictment can be delivered either by the defendant himself, or his lawyer," Luhut Pangaribuan said.
The students, who are represented by Luhut, are Benedictus Satrio Widyanarto, Yahdi Jamhur, Rakai Aria Dipa Erlangga, Darmawan, Budi Murdiyanto and Reza Pahlevi.
Judge Moegihardjo responded that the students are not capable of making a defense statement.
"I am afraid that their limited knowledge of how to make a proper defense statement will hamper the court proceedings," the judge said.
Luhut finally accepted the judge's decision and continued the session by reading a defense statement already prepared by him and his colleagues from the Jakarta branch of the Legal Aid Foundation. His colleagues are Rita Serena Kolibonso, Paulus R. Mahulette and Dewi Novirianti.
In his defense statement, Luhut said the police failed to show the students the required arrest warrants when they were taken into custody.
He also said one of the students, Reza Pahlevi, was questioned without the presence of his lawyer. He charged that First Lieutenant Andi Kiranda of the South Jakarta police precinct pointed a gun at the suspect during the interrogation.
In the second session for the separate trial of the other six students, also presided over by Judge Moegihardjo, heated arguments also occurred.
Lawyer Bambang Widjojanto, also from the Jakarta branch of the Legal Aid Foundation, who is representing four of the students, refused to accept the judge's refusal to let the defendants speak.
The four students are Syech Al Djufri Abu Bakar, Kusnadi Darisan, Sudrajat Trisna and Indra Mulia Ismet Kamil.
The other two students, Agus Heryana Anirun and Wahyu Sugito, are represented by Thomas Tampubolon the chairman of the Jakarta branch of the Indonesian Advocates Association.
When the judge continued to refuse to allow the defendants to speak, Bambang asked to speak to his clients. Moegihardjo initially rejected this request, then reconsidered, granting the lawyer two minutes for consultation.
His decision was applauded by the visitors to the court session.
In the defense statement, Bambang charged that the police had no warrants when his clients were arrested. He also questioned the validity of the results of police questioning because no lawyers were present during the sessions.
The judge adjourned the trial session until tomorrow.
Shortly after Moegihardjo ended the court session, hundreds of the students' supporters held a demonstration condemning the existence of the student regiment on their campus.
The existence of student regiments at various universities has been questioned following reports of brawls involving regiment members on several campuses.
The government agreed recently to restructure the regiment and place it under the supervision of the ministries of defense and security, home affairs and education and culture.
Previously, the regiment had been supervised only by the Ministry of Education and Culture.
The brawl, which gave rise to the two trials, occurred during a celebration of the university's 45th anniversary. Five students were injured in the fighting. (mas)