Fri, 07 Jul 1995

Prosecutor defends use of colonial defamation laws

JAKARTA (JP): Government prosecutors' defended yesterday the use of colonial criminal code articles when prosecuting two local journalists accused of discrediting the government's reputation.

Lukimanto, prosecutor in the case against journalists Ahmad Taufik and Eko Maryadi, told the Central Jakarta District Court yesterday that although the criminal code articles were used by Dutch colonial rulers to imprison Indonesian freedom fighters, they are nevertheless still applicable to present cases of slander and defamation.

"Since the articles we are using now have not been changed, the prosecution does not have the power to eliminate or alter those laws," Lukimanto said, responding to earlier statement by the defense counsel that the articles were outdated.

Ahmad Taufik and Eko Maryadi, journalists from the banned Tempo newsweekly, and Danang Kukuh Wardoyo, a clerical worker and press activist, were arrested in March. They were charged with distributing an unlicensed Independen news bulletin which contained articles critical of the government.

The three defendants are members of the Association of Independent Journalists, which publishes the bulletin.

During earlier trials, the defense counsel have insisted that their clients be acquitted because the penal codes used against them are no longer relevant to independent Indonesia.

Article No. 154 and 155 of the codes stipulate that any one found guilty of sowing hatred and of discrediting the authorities can be imprisoned for up to seven years.

Lukimanto also dismissed defense arguments that criminal code procedures had been violated when the activists were arrested and interrogated.

He pointed out that the suspects were accompanied by their lawyers throughout the interrogation and if they had any objection it should have been raised then.

The trial was adjourned until next Thursday.(03)