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)