`Koran Tempo' lawyers call for inquiry
M. Taufiqurrahman, The Jakarta Post, Jakarta
The Koran Tempo daily's defense team has called for an independent inquiry into a court's controversial libel verdict, which orders the newspaper to pay a whopping US$1 million in damages to tycoon Tomy Winata.
Lawyer for the defense Todung Mulya Lubis said the South Jakarta District Court's verdict was "excessive", and smacked of collusion.
"Apart from resorting to the appellate court, we demand an examination of the verdict should be carried out soon. It was arbitrary and went against any standing regulations that should protect journalists in carrying out their duties," Todung told a media conference on Wednesday.
With such a harsh verdict, the public could not be blamed for suspecting that the judges had colluded with Tomy to rule in favor of him, Todung said.
The amount of damages awarded would put the daily in a serious financial position and would set a powerful precedent, stifling the media's criticism of public figures.
The daily was found guilty of libeling Tomy in an article titled (Southeast Sulawesi) Governor Ali Mazi denies Tomy Winata to open casino, published in its Feb. 6, 2003, edition.
Judges on Tuesday ordered Koran Tempo to pay damages and make public apologies in the national and foreign media for three consecutive days. Should the daily fail to abide by the ruling, it will be fined Rp 10 million (US$1,190) a day.
Todung said the public were entitled to set up independent examination teams to scrutinize controversial court rulings.
Although recommendations from the team were not binding, they could influence subsequent court proceedings, he said.
Koran Tempo daily chief editor Bambang Harymurti said the panel of judges who made the verdict could end up facing prosecution.
"Their verdict could be categorized as an attempt to deter the press from serving the public. According to Press Law the judges could be sentenced to two years in prison if found guilty of hampering journalists in carrying out their duties."
The amount of damage that the daily has to settle contravenes Press Law No. 40/1999, which stipulates the maximum fines in media-related cases should stand at Rp 500 million ($ 58,000).
Bambang also called on the public to closely watch the South Jakarta District Court. It had a reputation for exonerating defendants in high-profile corruption cases and for convicting investigative journalists, he said.
Meanwhile, Todung said the fine, which was stated in U.S. dollars, was an insult to the national currency.
"The judges who handle this case are either careless or blunt for not converting the dollar into rupiah," Todung said, adding that he was told earlier the judges had previously set the figure at $2 million.
According to Todung, this was the first time an Indonesian court handed down a verdict demanding compensation be paid in a foreign currency.
In 1999, former president Soeharto filed and lost a lawsuit against US magazine Time weekly for publishing allegedly libelous articles. He had demanded $27 billion from the magazine for material losses and another $40,000 for immaterial losses.
A panel of judges chaired by Sihol Sitompul at the Central Jakarta District Court ruled in favor of Time.