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 The lower courts had earlier ruled against Minister of Information Harmoko, who had withdrawn the magazine's publishing license.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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