Threat of force against witness provokes debate

JAKARTA (JP): The Central Jakarta District Court's decision to force top lawyer Bambang Widjojanto to testify in a subversion case has provoked a debate among legal experts.

One respected lawyer objects to the plan, a law professor believes Bambang could testify under certain conditions and a judge says that a lawyer is not exempt from obeying the law.

"This is a bad precedent for the legal profession," noted human rights lawyer Todung Mulya Lubis told The Jakarta Post.

"This amounts to intervention in the legal profession," he said, adding that the move would be a breach of the lawyer-client privileged relationship.

Bambang, the chairman of the Indonesian Legal Aid Foundation (YLBHI), has ignored three consecutive summonses to appear at the Central Jakarta District Court to testify against Budiman Sujatmiko, the chairman of the Democratic People's Party (PRD).

Bambang objected to the summonses on the grounds that Budiman was being represented by fellow YLBHI lawyers. This, Bambang argued, effectively made Budiman his client.

On Thursday Judge Sjoffinan Sumantri ordered the State Prosecutor's Office to bring Bambang in next Monday, by force if necessary.

Loebby Loqman, a law professor at the University of Indonesia, said Bambang's refusal was reasonable, because as a lawyer his testimony could potentially harm his client's defense.

Loebby however saw a possible way out.

Bambang could testify but decline to answer questions he felt would reveal information told in confidence, he said.

H.M. Ali Boediarto, the chairman of Indonesian Judges Association, however said that by law, everybody, without exception, must respect a court summons.

"For the sake of the rule of law, Bambang should comply. It is up to the judge to decide whether his testimony is acceptable or not," Ali said.

While not rejecting Ali's argument, Lubis felt Bambang should be exempt from the rule because of the circumstances. "Moreover, Bambang was summoned to testify for the prosecutor which is illogical," he said.

The prosecution needs Bambang's testimony because the YLBHI office was frequently used by non-governmental organization activists, including those from PRD, to hold their meetings.

Budiman and several other PRD leaders are currently being tried on charges of subversion. The prosecutors said their activities -- including organizing various protests -- amounted to undermining the state. They are also accused of insulting government officials.

Budiman told the court Thursday that he had not appointed Bambang to be one of his defense lawyers. (05)