`Tempo' editor sues Harmoko for closing down magazine

JAKARTA (JP): The former chief editor of the defunct Tempo weekly filed a lawsuit against Minister of Information Harmoko yesterday for revoking the magazine's publishing license.

"This is one of our efforts to show that there is something wrong with the banning of Tempo," Goenawan Mohamad told journalists in his office after filing the suit at the Jakarta Administrative Court (PTUN Jakarta).

Previously, there were street demonstrations, some of which bordered on violence, by Tempo journalists and their colleagues. However, the government responded to these demonstrations with a renewed commitment to the ban against the news publication.

Goenawan, backed by a team of eight top lawyers, is taking his battle into the court room.

He is demanding that the court order the government to withdraw the controversial ministerial decree dated June 21, 1994, which revoked Tempo's publishing license -- a move which was tantamount to its permanent closure.

Although he has expressed that he was no longer interested in running the magazine, Goenawan also appealed to the court to allow Tempo to resume publication.

The suit was filed only a day after journalists and employees of the defunct magazine formally applied for a new publishing license for a new magazine, called Opini. However, the journalists were pessimistic that they would be granted a new license.

The lawyers who will be exploiting the legal aspects of the issues on Goenawan's behalf include Todung Mulya Lubis, Adnan Buyung Nasution, Amir Syamsuddin, Trimoelja Soerjadi, Frans Hendra Winarta, Atmajaya Salim and Nurhasyim Ilyas and the chairman of the Indonesian Bar Association (Ikadin) Harjono Tjitrosoebono.

First lawsuit

This is the first lawsuit in the country's history filed against the government in connection with the revocation of publishing licenses.

The proprietor of Prioritas, a Jakarta-based daily newspaper which lost its license in 1987, sought to repeal a decree made by the Minister of Information, which empowered him to revoke the publishing licenses of newspapers and magazines through the Supreme Court. However, the repeal failed.

Tempo lost its license in June along with two other news magazines, Editor and DeTik. Tempo was punished because of certain aspects of its editorial content, although the government never categorically stated the articles that were deemed to be offensive. Editor and DeTik were punished for administrative reasons.

Goenawan said he decided to sue the minister following encouragement from the Armed Forces (ABRI) faction of the House of Representatives (DPR) as well as other people from various fields.

Mulya, the spokesman of the legal team, said the lawyers hoped to prove to the court that the revocation of Tempo's decree was against the Press Law and the 1945 Constitution -- both of which guarantee freedom of expression.

"The reason given for revoking the publishing license is obscure. We don't know which articles were considered to be a threat to public order," Mulya said.

Calling the government's move "irrational and unacceptable," he said that this was just a form of the "arrogance of power."

The lawsuit states that the information minister had abused his power by making one-sided accusation that Tempo did not reflect the healthy and responsible press.

It also challenged the minister's remarks that Tempo was banned for the sake of the national stability.

"The news reported by Tempo and other media did not disturb national stability, security or order. The situation remained stable, safe and orderly and the development program has continued. It would seem that the defendant was paranoid," according to suit, a copy of which was made available to the press.

"It is tragic that Tempo has become the victim of the disease of paranoia, which has become a common ailment for the governmental body." (sim)