Lawyers rebuffed in pursuit of Soeharto
JAKARTA (JP): The South Jakarta District Court rejected on Friday two civil lawsuits that the court revoke an Oct. 11 decree from the Attorney General's Office, which put an end to a year- long investigation into alleged corruption by former president Soeharto.
The lawsuits were lodged by two different groups of lawyers: the Indonesian Law Defenders Team (TPHI) and the Forum for Lawyers and Defenders of Law, Justice and Democracy (FPPHKD).
Judges T.H.S. Pardede and Rusman Dani said at separate hearings that the plaintiffs lacked legal grounds to file the lawsuits.
"The plaintiffs were not the parties who directly suffered the losses caused by alleged corruption committed by former president Soeharto," said presiding judge Rusman Dani at the hearing involving the FPPHKD.
President Soeharto was represented by lawyers Juan Felix Tampubolon and O.C. Kaligis, while the plaintiff FPPHKD was represented by lawyers Trimedya Panjaitan and Petrus Selestinus.
Judge Rusman Dani dismissed the plaintiff's argument that they had the right to ask the court to either stop or continue the prosecutor's investigation.
"It is the House of Representatives which has the right to file the lawsuit, since the institution is a representation of the people," he said, quoting article 80 of the Criminal Code Procedure.
Rusman Dani said another party which had the right to lodge the lawsuit were state enterprises which had directly suffered losses caused by alleged corruption of the former president.
During his tenure, Soeharto urged some state enterprises to contribute 5 percent of their profits to his charities, which included Dharmais and Dakab.
The judge also rejected the plaintiff's argument that the plaintiff had the rights to represent the people in a class action.
"Anticorruption law does not rule for any class action. Only the Law on Consumer Protection and the Law on Environment rule on the class action proposals," he said.
Lawyer Trimedya Panjaitan regretted the judge's decision, but remained optimistic. "We will get the mandate from the state enterprises and the House of Representatives to comply with the judge's request," he said.
In a separate hearing, judge T.H.S. Pardede said the plaintiff TPHI had acted upon its own initiative, despite the plaintiff's claim that the former strongman had brought losses to all people.
TPHI was represented by lawyer Sitor Situmorang and Akbar Lubis, while the defendant, the Attorney General Office, was represented by lawyer Chairuman Harahap.
"TPHI must obtain a letter of authority from all people before it files the lawsuit to the court," he said.
Immediately after the judge banged his gavel, TPHI lawyer Sitor Situmorang, rose from his chair and said: "We are upset. The judge's decision was not in line with the people's aspiration. We will lodge an appeal to the high court." (asa)