Soeharto vs 'Time' cannot be tried here, police say

JAKARTA (JP): National Police spokesman Brig. Gen. Togar M. Sianipar said on Wednesday that Indonesian courts lack authority and legal grounds to try former president Soeharto's lawsuit against U.S.-based Time magazine here.

He said Indonesian law could not be applied to try Soeharto's suit against the magazine and its employees.

"The overseas location of the Time office (Hong Kong), which published the controversial edition, has prevented the implementation of Indonesian law here.

"Indonesian law will only try a lawsuit on a crime which occurs in Indonesia," said Togar at the National Police Headquarters.

He said foreign citizenship of the suspect involved also nullified the possibility of trying the case here.

"The suspect, Donald Morrison, who is the magazine's chief editor, is a foreigner. In reference to Article 4 of the Indonesian Criminal Code, legally, this case cannot be tried here," he said.

Togar said the National Police were "doing their best" to get the case tried in Hong Kong.

"If it was tried here, the suspect would have already been slapped with Article 310 of the Indonesian Criminal Code for allegedly slandering the victim's good name. But such is not the case," Togar said.

He said witnesses so far questioned included Time reporters Jason Tedjasukmana and Zamira Lubis.

"Expert witnesses questioned included Loebby Loqman, a University of Indonesia law professor," he said.

Meanwhile, police sources said on Sept. 27 that a letter on the case was sent to National Police chief Gen. Roesmanhadi from a high-ranking police officer. It stated, among other things, the allegedly libelous statements made against Soeharto in the controversial May 24 edition of the magazine this year.

"The letter said in conclusion any move made on the case would be politically motivated," the sources said.

The magazine reported in its May 24 edition that Soeharto and his children had amassed a US$15 billion fortune during his 30- year rule.

Apart from the police's ongoing investigation into the criminal aspects of the magazine's publication, the Central Jakarta District Court has been trying a $27 billion civil lawsuit against the magazine, which was filed by Soeharto last July.

The court adjourned the trial earlier this month until Oct. 14 after all seven defendants failed to appear at the trial's opening session on Sept. 9.

The investigation into Soeharto's wealth began in June last year, and was later reinforced by a decree from the People's Consultative Assembly (MPR) issued during its Special Session last November. (ylt)`