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.