Press Law should be used in 'Tempo' case: Legal expert
Urip Hudiono, The Jakarta Post, Jakarta
A legal expert testifying at the Central Jakarta District Court on Monday in the libel suit filed against Tempo journalists by businessman Tomy Winata, said the case should be prosecuted under the Press Law rather than the Criminal Code.
"It was a legal entity that published the article, so Law No. 40/1999 on the press should be used to prosecute the case instead of the Criminal Code, which is for regulating the acts of individuals," said Rudi Satrio, a criminal code expert from the University of Indonesia's School of Law.
Legal experts and media people have repeatedly demanded that the Press Law, not the Criminal Code, be used to prosecute media- related cases.
Tempo chief editor Bambang Harymurti and journalists Ahmad Taufik and T. Iskandar Ali are accused of provoking public disorder and defaming Tomy in an article titled Is Tomy in Tenabang?, which was published in a March 2003 edition of the weekly magazine. The article insinuated that the businessman was behind the fire that razed the Tanah Abang textile market on Feb. 19, 2003.
If found guilty, the three defendants could face a maximum of 10 years in prison under Article 14(1) of the Criminal Code on provoking disorder, and a maximum of four years under articles 310 and 311 of the Criminal Code on defamation.
Previous media-related cases -- President Megawati Soekarnoputri and House of Representatives Speaker Akbar Tandjung against the editors of Rakyat Merdeka daily in separate cases, and Tomy Winata against Koran Tempo in a civil suit -- were all prosecuted under the Criminal Code. The verdict in all of these cases went against the newspapers.
Rudi, who was testifying for the prosecution, suggested that the trial refer to Article 5(1) of the Press Law, which requires the press to comply with religious norms, ethical norms and the presumption of innocence in conveying information and opinions to the public in any published or broadcast materials.
While stating that Tempo did not violate any religious norms, and refusing to comment on ethical matters because that was not his area of expertise, Rudi said Tempo could have violated the presumption of innocence in the article, though he could not point out exactly where the violation occurred when questioned by defense lawyers.
"I think Tempo should have used initials in its article, rather than a full name," he said.
When the defense asked for his opinion on Article 50 of the Criminal Code, which provides protection against criminal charges for anyone carrying out their work as mandated by the law, Rudi said that article was valid only if the work was performed with respect to other laws as well.
He also said that while it was the panel of judges' right to consider a legal entity as an individual, he reiterated his suggestion that the case be settled according to the Press Law.
Presiding judge Andriani Nurdin adjourned the trial until Feb. 16, at which time the court will hear from additional legal experts.