Observers hail court's ruling on Tommy's suit

JAKARTA (JP): Media observers hailed the Central Jakarta District Court's decision to reject a defamation lawsuit filed by a son of former president Soeharto against a weekly magazine, calling the judgment "good" and "progressive".

Contacted separately by The Jakarta Post on Thursday, Dr. Soetomo Press Institute executive director Atmakusumah Astraatmadja, Independent Journalist Alliance chairman Lukas Luwarso and the chairman of the city chapter of the Indonesian Journalist Association, Marah Sakti Siregar, expressed their pleasure with the court's decision on Wednesday to throw out the lawsuit filed by Hutomo "Tommy" Mandala Putra against Gatra weekly magazine.

"It's very pleasing. I think the panel of judges learned and understood the work of journalists," Atmakusumah said.

He said the court's ruling set a favorable example and could guide the press and the public in similar disputes over media reports in the future.

Agreeing with this sentiment, Lukas said in this case, the court had no other choice but to reject Tommy's lawsuit.

"Tommy should not feel defamed because his name has already been defamed with his alleged involvement in a number of cases, such as the Timor national car project, etc.," he said.

Siregar respected the court's decision, saying it was the most progressive decision ever handed down by the country's courts.

"In the future, trials over disputes between the press and the public can be settled in a speedier fashion since we have now set a precedent," he said.

The court on Wednesday ruled the magazine had not been proven guilty of defaming Tommy's name in its report on his alleged role in trafficking shabu-shabu (crystal methamphetamine) in Australia.

The court ruled Gatra had run a balanced story by seeking comments from Tommy's nephew and Australian Police, all of whom denied Tommy's involvement in drugs trafficking.

Some analysts said Gatra's victory could also be seen as the beginning of the end of law enforcers' support of relatives of the former president.

In the past, Soeharto banned several publications which were considered too critical of him and his family.

More lawsuits

Lukas said the number of lawsuits filed against the press could increase in the future because of the tough competition in the media and a better-educated public.

He therefore suggested the establishment of an independent press council to settle disputes between the press and the public before the disputes were brought to court.

"The council, which would consist of journalists, media experts and public leaders, could function as a mediator for disputing parties," he said.

Atmakusumah called on the public to seek alternative forms of mediation rather than immediately filing lawsuits, a process which takes both time and money.

"It's better that people send a letter to the media and the later should also provide space for complaints," he said.

Commenting on Soeharto's plan to sue United States-based Time magazine, Atmakusumah said it would be better for Soeharto to reply to the magazine's report through a statement.

The weekly recently reported the former president and his family had amassed a US$15 billion fortune during his 32 years in power.

The magazine also reported that just before stepping down as president in May last year, $9 billion of the Soehartos' money was transferred from a Swiss bank to an Austrian bank. Soeharto has denied the allegations.

One of Soeharto's lawyers, Muhammad Assegaf, said on Wednesday a lawsuit would be filed against the weekly in the near future. (jun)