'Tempo' chief editor calls for end of press persecution

Urip Hudiono, The Jakarta Post/Jakarta

Tempo chief editor Bambang Harymurti asked the panel of judges to deliver a fair verdict at Monday's trial of a libel suit filed by businessman Tomy Winata against the weekly's journalists.

Reading his defense plea titled A Journalist's Critic at the Central Jakarta District Court, Bambang said press freedom in the country was again under threat, with journalists targeted by defamation suits using the Criminal Code rather than the use of press Law No. 40/1999.

"This court, through its ruling on the case, will either help to further undermine press freedom or help uphold the country's press freedom and democracy," he said.

Bambang lambasted the prosecution's demand for a two-year sentence for him and journalists Ahmad Taufik and Teuku Iskandar Ali as unjust and absurd.

"How could journalists, who have carried out their duties according to the press law, be treated like dangerous criminals and be threatened with prison sentences, while those who violently attacked the Tempo office be acquitted from all charges," he said.

The prosecution has demanded a two-year jail term for the Tempo journalists for violating Article 14 of Law No. 1/1946 for publishing false material that could provoke public unrest, and Articles 310 and 311 of the Criminal Code for defamation.

Tomy accused the journalists of defaming him through an article in the weekly's March 3 to 9, 2003 edition titled 'Is Tomy in Tenabang?', which insinuated he was involved in a fire that razed the Tanah Abang textile market, Central Jakarta, so he could go ahead with a renovation project.

Bambang said he suspected the country's legal system was being used by those in power -- or those with close connections to it -- to strangle the country's press freedom.

Answering the prosecution's charges, Bambang explained the article was not untrue as Tempo had cross-checked the facts in it according to basic journalism principles.

Even if the article was found to be obscure in its use of language, the prosecution had not charged the journalists for this offense under Article 15 of Law No. 1/1946.

As for accusations of defamation, Bambang explained that testimonies from journalists and language experts had shown that the article was in fact in favor of Tomy.

"The damage to Tomy's reputation was in fact done by his own men, when they attacked the Tempo office and when he delivered a false testimony for this trial," he said.

Bambang demanded the case to be tried in reference to the press law.

"Article 63 of the Criminal Code stipulates any special law overrules a common law, so the press law should be used for this case," he said. "Furthermore, Ahmad and Taufik should also be acquitted from all charges, as I am the chief editor and should be the one holding responsibility according to press law."

Monday's hearing was attended by several prominent figures -- human rights activist Munir, political observer Andi Mallarangeng, economic analyst Lin Che Wei, Tempo senior journalists Goenawan Mohamad and owner of Media Indonesia and MetroTV Surya Paloh -- showing their support for Bambang.

The hearing was also attended by the International Federation of Journalists (IFJ) representatives -- including press law experts Joe Nolan of Australia and Suranjith Hewamanna of Sri Lanka -- to closely monitor the trial.

In its press release, the IFJ demanded the government drop all articles of defamation -- including those protecting the president -- from the Criminal Code and set a reasonable limit for compensation damages in the Civil Code.

To remind the public of how the press had participated in the struggle for freedom and democracy in the country, a movie was screened before Bambang read his plea.

The movie, titled A Note on the Establishment of Press Freedom, showed chronologies of how Tempo and Detik tabloid were shut down on June 21, 1994. It also showed the founding of the Alliance of Independent Journalists (AJI) at Sinargalih, Bogor, on Aug. 7, 1994.

The judges' will deliver their verdict on Sept. 6 after prosecutor Robert Tacoy reiterated his sentence demand and did not request a session to answer the defense.

In a separate trial for Ahmad Taufik and Teuku Iskandar Ali, presiding judge Suripto adjourned their trial until Aug. 30 to give the defense more time to prepare.