Supreme Court to give judges primer course for seizures

The Jakarta Post, Jakarta

The Supreme Court will soon issue a more detailed circular on asset preservation orders for district courts, as some have become the subject of controversy, including that issued against senior Tempo journalist Goenawan Mohamad.

Chief Justice Bagir Manan said on Friday that all judges were required to examine every request for the issuance of such an order thoroughly as it could not be granted without compelling evidence.

"The circular states that some cases do not (deserve judges approval) on requests for an asset preservation order," he said at his office on Friday.

The courts would be expected to reject requests for the issuance of asset preservation orders on the stock of a company, as that could destroy the economic system, state assets or plants that employed many people, Bagir said.

"I don't expect judges, whether intentionally or not, to be "used" by either of the parties engaged in a court case," Bagir said after holding a meeting with a delegation from the Tempo media group, led by senior journalist Goenawan Mohamad.

Goenawan was accompanied by Suara Pembaruan chief editor Bondan Winarno, legislators Dwi Ria Latifa and Trimedya Panjaitan and Sudirman Said of the Indonesia Transparency Society (MTI).

Goenawan told the press that he had conveyed a message to the chief justice that the Supreme Court was the last resort for justice to be obtained.

"The danger (in the case) is not about my house: It is about threats against press freedom we all have been fighting for since the establishment of the country," he said.

Goenawan's house in East Jakarta was seized on Aug. 29 by the East Jakarta District Court, following a request by businessman Tomy Winata. The same court also issued an asset preservation order on the Koran Tempo office in South Jakarta.

Under the Indonesian legal system, it is common for the plaintiff in a civil lawsuit to request that the defendant's property be seized to ensure that the defendant will not sell it or transfer it to a third party.

However, the request is usually approved by the court in an action involving a financial dispute between the plaintiff and the accused. The issuance of the asset preservation order by the court against a defendant, in a libel case, like Goenawan's, is the first in the country.

Lawyer Todung Mulya Lubis, who heads Tempo's legal team, asserted that the public were worried about possible "infiltration of thuggery into the judiciary."

"The court must be very careful in handling cases involving the press," he said, asking the court to use Press Law No. 40/1999 in every action involving the press, instead of using the Criminal Code.

Bagir, however, promised that the court would resolve the Tempo amicably.

"The Supreme Court cannot intervene in the legal process. But we have read in newspapers that the court canceled the execution of its asset preservation order against the Tempo office. It (the cancellation) did not come from heaven, you know," he said, without elaborating.

Separately, in the West Sumatra capital, Padang, People's Consultative Assembly (MPR) Speaker Amien Rais said that the district court must revoke its order and return the assets to Tempo.

"This is a unique case in Indonesia; I'm concerned about it," he said, describing the court decision as unfair.

In the North Sumatra capital, Medan, some journalists and students staged a rally against the order, asking the court to revoke the order against Goenawan and Tempo.

Meanwhile, president of the International Federation of Journalists Christopher Warren sent protest letters to President Megawati Soekarnoputri, Amien and Minister of Justice and Human Rights Yusril Ihza Mahendra over the issue.

"The IFJ firmly believes that issues of libel or defamation should not be dealt with in a criminal jurisdiction.

"Furthermore, taken as a whole, these cases could have the effect of silencing press freedom in Indonesia. The cases are sending a clear -- and highly inappropriate -- message to the Indonesian media that those with deep pockets should not be the subject of journalistic inquiry or legitimate comment," he said in a statement.