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)