PTUN drops Parni Hadi's lawsuit against Gus Dur
PTUN drops Parni Hadi's lawsuit against Gus Dur
JAKARTA (JP): The Jakarta State Administrative Court (PTUN)
dismissed on Thursday the lawsuit filed by former general manager
of state-owned Antara news agency, Parni Hadi, against President
Abdurrahman Wahid over a controversial leadership reshuffle in
the agency.
The lawsuit challenged the President's decision on March 20,
2000, to appoint columnist and researcher Mohamad Sobary as
Antara's new general manager, replacing Parni.
"The 1999 press law stipulates that a media firm established
before the new law was enacted must adjust itself to the new law
a year after its enactment at the latest," presiding judge Marina
Sidabutar said during Thursday's court session.
Marina was referring to Article 19, Paragraph 2 of Law No.
40/1999 on press regulations and management.
Parni filed the lawsuit on March 24 this year, challenging the
presidential decree appointing Sobary as Antara's new general
manager.
Parni's lawyer, Zul Amali Pasaribu, said on Thursday his
client would file an appeal with the Jakarta State Administrative
High Court.
Judge Marina said that because the lawsuit was filed in March
2000 and the press law enacted on Sept. 23, 1999, the news agency
still had time to adjust to the new law.
"Therefore, the presidential decree on the appointment of
Sobary as the new Antara general manager did not violate the
press law.
"The issuance of the presidential decree itself on the removal
and the appointment of the general manager of a state-owned news
agency is also lawful.
"This same basis applies to the person who filed the lawsuit
(Parni Hadi), since he himself was appointed by a decree issued
by former president B.J. Habibie to replace his predecessor
(Handjojo Nitimihardjo)," Marina said.
The judge also said the presidential decree was lawful because
it had been issued in accordance with Presidential Decree No.
85/1966.
The 1966 presidential decree stipulates the appointment and
dismissal of the general manager of Antara lies in the hands of
the supreme military commander, the president or the prime
minister. (ylt)