Justice Andojo defends verdict to free Pakpahan

Justice Andojo defends verdict to free Pakpahan

JAKARTA (JP): Deputy Chief Justice Adi Andojo Soetjipto said
again last night his decision to exonerate labor activist Muchtar
Pakpahan was not a mistake.

Andojo denied he was wrong as the Supreme Court claimed he was
late last month when it annulled his decision on Pakpahan's case.

"I was not khilaf (wrong)... It's accountable. I was proud I
had a progressive way of thinking," he said.

He said he made his decision based on the situation and
conditions surrounding the case.

Andojo made the statement in a discussion on the Supreme Court
and public demand for justice held by the Institute for the
Studies on Free Flow of Information here.

Pakpahan, head of the unrecognized Prosperous Labor Union was
sentenced to three years in jail in November 1994 for inciting
riots in Medan, North Sumatra. The high court increased the
sentence to four years. But Pakpahan was later released from jail
after a three-member panel of Supreme Court justices led by
Andojo exonerated him from all charges.

Former chief justice Soerjono with colleagues Sarwata and Raja
Palti Siregar, however, annulled Andojo's decision on the grounds
that there were mistakes in the implementation of the law.

Soerjono made the decision on Oct. 25, just five days before
he retired and was replaced by Sarwata.

Andojo said history would reveal whose decision, his or
Soerjono's, was correct.

"I wonder if Soerjono's decision was progress or a backlash
(in the judiciary). History will tell whether it was an
achievement or a blunder," he said.

Last night's discussion featured two other legal experts,
lawyer T. Mulya Lubis and Soetandyo Wignyosubroto, a professor of
social and political science from University of Airlangga,
Surabaya.

Lubis said the Supreme Court was at its lowest point under the
leadership of Soerjono. The court produced its poorest and most
disappointing performance, he said.

"Just take a look at the case of Tempo, Ohee and Pakpahan," he
said.

Letter

In April 1995 Soerjono issued a letter banning the execution
of a decision made earlier by the Supreme Court on a land dispute
case between Hanoch Hebe Ohee, a tribal leader in Irian Jaya, and
the local government.

In June this year, the Supreme Court annulled the decision of
the Jakarta High Administrative Court and the Jakarta State
Administrative Court on the Tempo case. The lower courts had
earlier ruled against Minister of Information Harmoko, who had
withdrawn the magazine's publishing license.

Lubis said there was not much we could expect from the Supreme
Court as long as there was no clear separation of judicial power,
executive power and legislative power.

Public control is crucial in the effort to improve the Supreme
Court's performance, he said.

"In this case, the freedom of the press is paramount," he
said. (sim)

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