Tue, 13 May 2003

Judges allow private lawsuit

JAKARTA: In a landmark decision the Central Jakarta District Court has allowed a private lawsuit to be heard in court.

Monday's decision was taken by a panel of three judges led by Andi Samsan Nganro in response to a lawsuit filed by a group of plaintiffs, including women's rights activist Nursyahbani Katjasungkana and social worker Father Sandyawan, over the humanitarian tragedy in the East Kalimantan town of Nunukan last year.

The defendants comprise the president, vice president, coordinating minister for people's welfare, foreign affairs minister, manpower and transmigration minister, health minister, Indonesian ambassador to Malaysia and immigration directorate.

The plaintiffs, acting for the public, said the government had failed to protect Indonesian workers and their families who left Malaysia following its implementation of strict immigration laws in August last year. Dozens of people died in Nunukan, East Kalimantan where thousands of workers and their families sought refuge.

According to the judges, every citizen had the right to defend public interests and were eligible to act on behalf of the general public against the state.

Although the country's legal system does not recognize a lawsuit filed by citizens, the lawsuit is a breakthrough, the ruling said. -- JP