Seminar says administrative court's rulings are political

Seminar says administrative court's rulings are political

SURABAYA (JP): Human rights campaigners and a legal expert
charge that the rulings of the state administrative court, which
handles grievances against government officials, are routinely
influenced by political and bureaucratic interests.

The court's rulings are not necessarily based on truth and
legal certainty, was the conclusion reached at a seminar
featuring noted lawyer Trimoelja D. Soerjadi, national human
rights commission member Soetandyo Wignjosoebroto and legal
expert Harjono of Airlangga University. Held by Dr. Soetomo
University's Law School on Wednesday, the "Legal Assistance and
Administrative Courts" seminar was attended by some 200 students.

"It's very rare for the administrative court to rule in favor
of the plaintiff," Trimoelja said. "Even if it does, the
plaintiff would lose when appealing to a higher court.

"I think that political interests often influence the state
administrative court's rulings," he said, while acknowledging
several state administrative court rulings that have favored
plaintiffs.

Soetandyo cited the case filed by ex-Tempo employees
contesting Minister of Information Harmoko's 1994 ban on the
newsweekly. The Jakarta State Administrative Court, then presided
over by Benjamin Mangkoedilaga, ruled in 1995 in favor of the
magazine and ordered the minister to withdraw his decree.

Harmoko appealed and won a Supreme Court decision in his favor
earlier this year.

Trimoelja pointed out that such rulings create an image of the
"bureaucracy as something that is always right, all-powerful and
undefeatable".

Soetandyo said many people bring their case to the
administrative court out of "moral courage".

"They don't do it because they expect justice," he added.

Soetandyo called the Tempo suit and, more recently, the
lawsuit of ousted Indonesian Democratic Party (PDI) chief
Megawati Soekarnoputri against the government and the organizers
of last month's congress that toppled her, forms of "shock
therapy".

"I don't think (Tempo's former chief editor) Goenawan Mohamad
and Megawati really thought about winning," he said. "I believe
that Goenawan never dreamed of winning, and neither does
Megawati."

Harjono blamed the situation on the judges' lack of
independence. "They are appointed by the government...and they
live in the shadow of the government," he said. (15/swe)