Sat, 24 Sep 1994

NGOs a step closer in suit against Soeharto

JAKARTA (JP): Seven non-governmental organizations (NGOs) made major progress in their suit against President Soeharto over the use of a forestry fund when the State Administrative Court ruled their case valid.

The court's chief Benjamin Mangkoedilaga told reporters after meeting with the plaintiffs' lawyers in a 15-minute closed session that the suit was valid and that court is determined to continue the legal process.

"We held the preliminary examination this morning and we declared that the suit passed the dismissal process," Mangkoedilaga said.

He added, however, that the suit needed improvement and asked the lawyers to submit the NGOs' statutes.

The NGOs are suing the head of state for issuing a decree which used Rp 400 billion of the government's reforestation fund to finance a plan of the state aircraft manufacturer IPTN to develop a new aircraft. The NGOs said the decree is in violation of a regulation stressing that the funds should be used solely for reforestation programs.

If the trial does proceed, this will be the first time since the court was established in 1991 to name the head of state as defendant.

Minister/State Secretary Moerdiono, during a hearing with the House of Representatives on Wednesday, said that the President has studied the allegations and was prepared to meet with the NGOs in the court.

Moerdiono also gave his assurances that Soeharto would not try to influence the legal process.

Public trust

The plaintiffs are the Indonesian Forum of Environment (WALHI), the Foundation of Indonesian Tropical Nature, the Foundation of Forum of the Study of Population and Environment, the Foundation of the Institution of the Development of Environment and Human Resources, the Indonesian Center for Law Development, the Pelangi Foundation and the Foundation for the Social Development Training and Support.

They are represented by Soekardjo Adidjojo from the Indonesian Legal Aid Foundation (YLBHI), Nursyahbani Katjasungkana from Women's Solidarity for Human Rights, Abdul Hakim Garuda Nusantara from the Policy Research of Advocation, and Nur Amalia of the Jakarta Legal Aid Institute (LBH).

"The allocation of the funds has eroded the public trust on the government's commitment to the reforestation program...," the plaintiffs said in the suit. They also demanded that the court order the accused to pay Rp 5 million in compensation.

Judge Mangkoedilaga gave the plaintiffs until Oct.3 to improve the suit. "If they can do it within the deadline, we will summon the accused to court between Oct. 10 and 13," he said.

Mangkoedilaga said he will personally preside over the trial if it comes to that and has appointed Soemaryono and A.R. Husny to the panel of judges.

WALHI's executive Emmy Hafild told journalists yesterday that she was pleased and relieved to learn that the court would examine the case. "Passing the dismissal process is significant progress," she said.

"Honestly speaking, at the beginning we doubted whether we could pass it considering the great political weight," she added.

She hoped that the judges would not be pressured politically and that the case would be tried in open sessions allowing the public to follow them.

The President will be represented by the Attorney General. (sim)