Will Tempo reappear?

Will Tempo reappear?

Last year, when a group of journalists from the now defunct
weekly news magazine Tempo filed a lawsuit in the Jakarta State
Administrative Court to challenge the banning of their magazine,
almost everybody was pessimistic. Nobody, including the people at
Tempo, thought that their fight against the minister of
information could ever be successful. Regardless, their
unprecedented decision to dispute the ruling was considered
commendable.

Despite the odds, something miraculous occurred last May, when
a team of judges presided over by Benjamin Mangkudilaga ruled
that the minister of information's decision to revoke Tempo's
publishing permit was unlawful. The country was stunned. Nothing
like this had ever happened in Indonesia before. Indonesians have
long been inclined to believe that the country's judges are weak
and lacking the courage to defy the executive branch. The team
of judges was showered with praise and Benjamin Mangkudilaga
became a symbol of courage.

However, most were aware that winning one battle did not mean
winning the war. Shortly thereafter the minister of information
decided to appeal the verdict to a higher court.

The other day another "miracle" happened. The Jakarta Higher
Administrative Court turned down the appeal filed by the Minister
of Information, Harmoko. The court upheld the administrative
court's decision, ordering Harmoko to revoke the ban and to issue
a permit for Tempo to resume publication. Again, the panel of
judges, presided over by Charis Soebijanto, was widely applauded.

The jubilant former journalists of Tempo will have to restrain
themselves, however, as there is still a long way to go. As
expected, Minister of Information Harmoko has stated that he will
appeal to the Supreme Court. "I will respect whatever decision is
taken by the Supreme Court," he was quoted as saying.

Harmoko's decision to settle the issue through legal means
deserves praise. Not only is justice at stake, but the reputation
of our country as a respectable member of the world community.
We believe that the Supreme Court will reach a fair final ruling.

Apart from the significance of the verdict, we think all sides
have learned a few lessons from the case. First, the law stands
above all and should be respected. Any parties who feel that they
have been treated unfairly and unlawfully can bring their
grievance to court.

The Administrative Court's ruling that the minister of
information's 1984 decree, which allows him to ban publications,
is illegal and against the 1966 Press Law should be underlined
and studied. The press has learned that their publications can be
banned based on either the controversial 1984 ministerial decree
or on more technical "administrative" grounds. As a logical
consequence of that ruling, shouldn't the minister of
information's decree be revoked?

The years of living dangerously still prevail, and the
corridor of openness can be shut at any time.

But for how long can this condition be maintained? The middle
class here is growing stronger and their demand for information
is building. Information technologies have developed so rapidly
that soon no one will be able to stop the flow of global
information. In addition, Indonesia will be obliged to liberalize
and open its market as a member of APEC. The onslaught of foreign
media is almost a certainty.

Is it then sensible to continue over regulating the press?

Unless the Indonesian media is relieved of its shackles, it
will not be able to compete with the marauding foreign media, and
could even be trampled to death by them.

The outcome of the Tempo case will prove portentous for us
all.