Terror against the press

Terror against the press

The seizure of the house of prominent journalist Goenawan
Mohamad by the East Jakarta District Court on Monday is just the
latest sign of how lamentable the legal system in this country
is.

Goenawan is being sued for libel by the powerful, but
controversial, businessman Tomy Winata. The point of contention
is Goenawan's statement in the Koran Tempo daily on March 12,
2003, in which he made an appeal for people to fight against
rampant thuggery in this country. He was referring to an earlier
attack on the offices of Tempo magazine, the mother publication
of Koran Tempo. Goenawan made the statement four days after a
mob, the members of which claimed they were Tomy's men, attacked
the magazine's offices on Jalan Proklamasi in Central Jakarta and
beat some of its journalists, including the magazine's chief
editor. What triggered the attack was an article in the
magazine's March 3 edition that linked Tomy with a fire that
devastated part of the Tanah Abang market.

This is the second time in 10 years, at least, that Goenawan
has come face to face with the wrath of the powerful. In 1994,
the respected Tempo magazine which he helped found was closed
down by the New Order government. At that time however, Indonesia
was under the Soeharto government, whose repressive nature
victimized countless other people.

In the present case, several questions need to be asked about
the seizure. Was the decision to seize the house sensible and
reasonable? The law requires that the seizure of property should
be based on those considerations. Did the judges who ordered the
seizure have solid reasons to believe that Goenawan would likely
sell the house, so that the seizure was preventative in nature?

Those questions have so far not been answered. But what is
clear is that Goenawan is no thief and therefore there should be
no basis for the move. Or could it precisely be because he is not
a thief that he is receiving this kind of treatment? Isn't the
legal apparatus normally very lenient toward thieves, especially
those who steal huge amounts of money from the state's coffers?

In recent memory, few corruptors have received this kind of
treatment. One recent case involved prominent banker Samadikun
Hartono. His house was seized after he was proven guilty of
embezzlement to the tune of Rp 17.25 billion. But before the
seizure took place the businessman and his had family
mysteriously disappeared.

In this light, we can see how close to the truth is the
observation of Mochtar Pabottingi. This noted scholar of the
Indonesian Institute of Sciences said during a seminar to
celebrate Independence Day in August that "crime pays and it pays
enormously."

Second, the speed of the seizure took many legal experts by
surprise. It took only four days after the court issued the
seizure warrant, something which is very unusual.

Third, the seizure took place without advance notice, either
to Goenawan or his lawyers. Fourth, without producing any
documentation on the property, how could the bailiff be so
certain that the house belonged to Goenawan?

Along with Goenawan's house, the court also ordered the
seizure of the Koran Tempo offices in Kebayoran Baru in South
Jakarta. Although Goenawan and his family can still live in the
house, the seizure amounts to nothing less than an act of terror
against Goenawan and his family.

Given the huge backlog of cases in the High Court and Supreme
Court, it can take years for a lawsuit to be processed and living
in a house under court supervision for such a long time is a
punishment in itself. And, as Goenawan is a well-known figure in
the media world, the message which the seizure conveys is loud
and clear: "Don't meddle with power" -- power, in this case,
pertaining to either business or bureaucracy, or a devil's
alliance between the two.

As Goenawan is a prominent figure in the Indonesian press, the
terror also appears to be addressed to the press as a whole. In
today's political climate where a transition is taking place from
dictatorship to democracy, the message is really scary. It speaks
volumes for the chances of success of the transition process
itself. A relatively free press, often cited as the only fruit of
reform, is truly under serious threat.

If the authorities fail to respond to this case swiftly, they
will create the impression that they are supportive of the moves
to terrorize the press. The most pertinent action to be taken by
the government, then, is to investigate the three judges who gave
the order to seize Goenawan's house, although as the Manulife
case showed, even this may not be enough to guarantee that
justice will be done. However, failure to take action would be
tantamount to the resurrection of the New Order.

On the other hand, it is essential that the press, despite
business competition and rivalry, stays united. Otherwise, the
Damoclean sword of the post-New Order era will continue to hang
over its head.