Judge proud of 'Tempo' verdict
Judge proud of 'Tempo' verdict
JAKARTA (JP): The Jakarta State Administrative Court erupted
into thunderous applause and cries of joy yesterday as nearly a
hundred people in the courtroom cheered the decision to restore
Tempo magazine's publishing license.
Chief Judge Benjamin Mangkoedilaga's verdict ordering the
government to revive Tempo was deemed "historical" by many
reporters and other supporters.
After detailing why the government was wrong when it closed
down the highly popular magazine last year, Benjamin concluded
that: "The government shall revoke its decree banning the news
magazine because the decision was inconsistent with the law on
the press".
Benjamin's decision, made together with judges Sumaryono and
Tengku Abdul Rahman Husni, came as a surprise to the plaintiffs,
former chief editor Goenawan Mohamad and the former employees of
the defunct Tempo weekly.
Goenawan and the former employees and journalists of Tempo
filed two separate lawsuits against Minister of Information
Harmoko at the Jakarta State Administrative Court in September
last year.
The plaintiffs argued that Harmoko's decision to revoke the
magazine's publishing license in June, 1994, was illegal and
should be canceled.
The judges not only rejected the defense's statement but also
ordered Harmoko to restore Tempo's publishing license on the
grounds that the decree contradicted press laws and because it
was issued without prior consultation with the Press Council.
"We have made this decision independently and are ignoring any
political aspects of the case," Benjamin said in the verdict.
Benjamin told reporters after the session that he was proud of
the court's decision.
"I sincerely hope that our decision will be a small
contribution to law enforcement in the country," he said.
Benjamin was born in Priangan, West Java, on Sept. 30, 1937.
He is the seventh in a family of 13 children.
He graduated from the University of Indonesia's School of Law
in 1967 and became a judge, as he says, "by accident". He had
wanted to become a Navy officer or a locomotive engineer but he
couldn't resist his father's insistence that he study law.
He started his career as a judge at the Rangkasbitung District
Court, West Java, in 1967 and was transferred to the Denpasar
District Court in 1974 for five years.
Between 1977 and 1979, Benjamin, together with Dr. Paulus
Lotulung and Tuty Siahaan, was sent by then Chief Justice Oemar
Senoadji to attend state administrative court courses in Paris.
He was sent to Paris again for the same purpose from 1984 to
1985.
He was assigned to the North Jakarta District Court until 1983
before being appointed head of the Cianjur District Court in
1987. In 1991, he was appointed head of the Surabaya State
Administrative Court and was transferred to the Jakarta State
Administrative Court in May 1993.
Among his colleagues and subordinates, as well as his
superiors, he is known for his integrity and self-discipline.
A close colleague confided that Benjamin often reminds his
staff not to promise anything to anyone coming to the court with
an administrative case.
The people coming to court are in trouble, so don't give them
more troubles, he always says.
He, however, does not prohibit his subordinates from receiving
gifts after a certain party argues and wins its case legally.
"Don't be hypocritical. It's natural for a winning party to
give things as a symbol of gratitude," he said. (imn)