New twist in PRD activists trial

JAKARTA (JP): The next few sessions of Democratic People's Party (PRD) Chairman Budiman Sujatmiko's trial are likely to feature increased tension between his lawyer Bambang Widjojanto and the judges.

The strain was noticeable Thursday when the panel of judges threatened to subpoena Bambang, if it is deemed necessary, to testify for Budiman.

Bambang, who chairs the Indonesian Legal Aid Institute, has so far defied two court summons to testify for Budiman. He also refused to testify for labor leader Muchtar Pakpahan, whom he also defends.

Both Budiman and Pakpahan are standing trial on charges of undermining the state and insulting government officials. They are being tried under the 1963 Subversion Law that carries a maximum penalty of death.

"Based on the ruling in Article 159 of the Criminal Code Procedures and Article 12 of the 1963 Subversion Law, the council of judges has the authority to force someone to testify," Judge Syoffinan Sumantri of the Central Jakarta District Court said Thursday.

Bambang has repeatedly said that he will refuse to testify for Budiman and Pakpahan on the grounds that he is representing both defendants.

He argues that the advocacy code of ethics does not allow a lawyer to testify for his or her clients.

Under the subversion law, Bambang is liable to a maximum imprisonment of five years for refusing to testify, the judges said.

Prosecutor M. Salim of the Central Jakarta district denied to comment when asked if he plans to sue Bambang. "What we will do is follow what the law says," he said.

Bambang said when addressing a discussion at the University of Indonesia earlier this week that he would be steadfast in defying the court order to testify and was ready to face any possible consequences.

"As a legal counselor of a defendant of the same crime, I have to protect my client's secrets. If I disclose the secrets I could be sued according to the Criminal Code Procedures," said the Robert Kennedy Human Rights awardee.

The prosecutors need Bambang's testimony because his office was the haven for most of the prodemocracy activists, including Budiman and Pakpahan, in the wake of the July 27 Jakarta riot.

Bambang is fully aware of the legal consequences of ignoring the court summons. "I know there is a big risk but I'm trying to show that the subversion law is no longer relevant. The law does not protect defendants' rights," he said.

Last year, Bambang answered an Attorney General's Office summons but only to tell investigators what he had done at certain hours of a particular day. (35)