Pakpahan may fight Supreme Court ruling
JAKARTA (JP): Muchtar Pakpahan, the leader of an unrecognized labor union, is considering fighting the recent Supreme Court decision to put him back in prison made after it had acquitted him of all charges last year.
The central board of the Indonesian Prosperity Trade Union (SBSI), which Pakpahan established in 1992, announced yesterday that he has studied suggestions from legislators, legal practitioners and experts, and decided to fight the Supreme Court ruling.
Pakpahan, currently detained by the Attorney General's Office for his alleged involvement in the July 27 riots, will reportedly consult lawyers before taking further action. Among his legal counsels are top notch lawyers Adnan Buyung Nasution, Samekto and Luhut Pangaribuan.
A panel of Supreme Court justices led by former chief justice Soerjono last month ordered Pakpahan to serve the remainder of his four-year prison term although he was acquitted last September. The decision was made on Oct. 25, five days before Soerjono retired, on a request for a review of the case from the provincial prosecutors office in North Sumatra.
Pakpahan had been found guilty of inciting a labor riot in Medan, North Sumatra. He was sentenced by the Medan district court to three years in prison for inciting a riot in which a businessman was killed. The North Sumatran high court later increased his sentence to four years in jail.
On Sept. 1995, Pakpahan was cleared of all charges by a team of justices led by Adi Andojo Soetjipto. In July 1996, Pakpahan was arrested and charged with master-minding the July 27 riots in Jakarta.
The Supreme Court decision to put Pakpahan back in jail has drawn criticism from legal experts and labor activists.
The International Confederation of Free Trade Unions, which groups 125 million workers worldwide, has said the decision was influenced by "political pressure."
It has urged the government to release Pakpahan immediately.
Chief Justice Sarwata was quoted by Antara as saying in Medan that the court's decision had been sent to Medan. He refused to comment further saying he was still busy consolidating the Supreme Court.
Minister of Justice Oetojo Oesman said in Jakarta yesterday that further study of the latest ruling was needed.
"According to Criminal Code Procedures only the defendant or his or her beneficiaries can file for a review of Supreme Court rulings," he said.
Legal experts say the court decision, made after a trial review was requested by the prosecutor, is unprecedented in Indonesian legal history.
Adi Andojo Soetjipto said yesterday it should be an inalienable right of defendants that a court decision clearing them of all charges should be fixed.
"Because it's a right, it can not be taken away from him or her by any party," he said.
Bambang Poernomo, a professor of criminal law at the Gadjah Mada University in Yogyakarta told The Jakarta Post Sunday that the ruling raised many questions about Soerjono's interpretation of the law.
A judge or justice has the authority to make new laws providing the greater public interest is at stake, he said. But this authority must be exercised with caution and based on an accurate interpretation of existing laws.
He said a judge must first compare the old ruling with the proposed new ruling. Without careful comparison making a decision would be irresponsible, he said.
"Second, the judge or justice should study thoroughly any mistakes made in the previous ruling before making his interpretation. Otherwise, the proposed new ruling could become an abuse of authority," Bambang said.
Some 30 university students from an outspoken non-governmental organization, Pijar Foundation, staged a demonstration in front of the Supreme Court office yesterday.
They urged the highest judicial institution to revoke Soerjono's decision. (08)