Lawyers rebuffed in pursuit of Soeharto
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)