Pakpahan may fight Supreme Court ruling

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)