Fri, 21 Jul 2000

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)