Magazines urged to sue govt over press banning
JAKARTA (JP): A prominent human rights lawyer suggested yesterday that Tempo, Editor and DeTIK magazines sue the government through the State Administrative Court for revoking their publishing licenses.
Todung Mulya Lubis said that the three Jakarta-based magazines have several legal options in seeking to overturn Minister of Information Harmoko's decision to revoke their licenses, but the best course would be through the state administrative court.
Mulya is among a number of prominent journalists who have expressed strong anger at the government's crack down on the three magazines. A former chairman of the Indonesian Legal Aid Foundation (YLBHI), the lawyer has also been a regular contributor of opinion articles to Tempo.
Mulya yesterday said that he was prepared to represent the magazines if they decided to go ahead and sue the government.
He pointed out that the revocation of the licenses was illegal and unfair since it did not give the magazines a chance to defend themselves. Such matters, he said, should be decided by a court, and not taken unilaterally.
He pointed out that even people who are tried for the worst possible crimes such as subversion still get a chance to defend themselves.
The revocation of the licenses on Tuesday was signed by Director General of Press and Graphics Subrata on behalf of Minister of Information Harmoko.
Subrata said all procedures had been fulfilled, including giving several warnings and consultation with the Press Council, the industry's watchdog, before the decision to revoke the licenses was made.
The closures are based on a 1984 decree by the Minister of Information regulating the issuance of press publishing licenses, popularly known as SIUPP.
Mulya said yesterday that he was also considering a challenge to the legality of the decree given that the 1982 Press Law guarantees press freedom.
`Prioritas'
He said he and several other lawyers plan to file yet again Supreme Court review, which has the authority to overturn any government regulation.
Mulya was also involved in the first attempt to repeal the decree when he and six other lawyers last year represented Surya Paloh, whose newspaper Prioritas was banned in 1987.
The Supreme Court rejected the petition on technical grounds and laid down guidelines for future petitions for judicial review.
Mulya said yesterday that he is also planning to visit the House of Representatives to discuss the legality of the magazine closures.
The revocation of the licenses virtually means the end in their current form for the three magazines since the 1984 ministerial decree made no mention of how any press publication affected by the ruling could reopen.
Based on past experience, the magazines would only operate again under very strict government terms, including changes in ownership, management and the publications' names.
Three press publications have fallen victims to the 1984 decree.
Sinar Harapan and Prioritas, both Jakarta newspapers, lost their licenses in 1986 and 1987 respectively. They have since resurfaced as Suara Pembaruan and Media Indonesia.
The weekly Monitor entertainment magazine lost its license in 1990 and its chief editor Arswendo Atmowiloto was subsequently sent to jail. (05/prs)