Magazines urged to sue govt over press banning
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)