Wind of change blows prior to 'Tempo' verdict

Wind of change blows prior to 'Tempo' verdict

The Jakarta Post, Jakarta

In a departure from the general legal trend that has
characterized the Tempo saga and coming ahead of the verdict
expected on Thursday from the Central Jakarta District Court, a
high court ruled in favor of the Tempo Media Group in its appeals
against two lower court rulings.

The high court ruled on Tuesday in favor of Tempo's appeals
against rulings from separate lower courts for two libel suits
filed by well-connected businessman Tomy Winata against the media
group, overturning court orders to pay damages to the tycoon.

The ruling was handed down just after Chief Justice Bagir
Manan told senior judges on Tuesday to consider using the Press
Law instead of the Criminal Code in settling all disputes
involving the press.

Tempo chief editor Bambang Harymurti and journalists Ahmad
Taufik and Teuku Iskandar Ali have been charged for violating the
Criminal Code in inciting social instability and defaming Tomy
through its article, Is Tomy in Tenabang?.

The prosecution sought a two-year sentence for each of the
defendants and immediate arrest for Bambang.

The Tempo media group has to date faced nine lawsuits. Seven
of them were filed by Tomy in three of the five Jakarta district
courts.

High court judge Harifin A. Tumpa, who presided over the Tempo
appeals, was quoted by Koran Tempo daily as saying on Tuesday
that the court had decided to dismiss the cases, as they were
covered by specific legislation that took precedence over general
legislation (the Criminal Code).

Harifin said the lower court judges had erred by not applying
Press Law No. 40/1999 when arriving at their decisions.

"We cannot use general laws for the cases," he said.

Harifin further said the cases were also "special", as they
basically dealt with a conflict between public interest and an
individual's rights.

"The press has a duty to inform the public," he said. "Anyone
who feels that their rights were violated by this should first
use their right to reply."

The South Jakarta District Court had ordered Koran Tempo in
January to pay a whopping US$1 million in damages to Tomy for
publishing the article, (Southeast Sulawesi) Governor Ali Mazi
denies Tomy Winata to open casino, in its Feb. 6, 2003, edition.

Tomy had sued the daily's publisher for Rp 21 billion (US$2.29
million).

The court's verdict sparked controversy, as it was the first
time a court set damages in a foreign currency. The amount also
contravenes with the Press Law, which stipulates that the maximum
fine for press-related cases is Rp 500 million.

In March, the Central Jakarta District Court ordered Tempo
magazine to pay Rp 500 million in damages to Tomy for publishing
the Tanah Abang article. Tomy had sued the magazine Rp 200
billion for the article, which he claimed insinuated his
involvement in a fire that razed the Tanah Abang textile market
in February 2003 with an aim to win its renovation project.

Tomy's lawyers OC Kaligis and Desmond J. Mahesa said they
would appeal to the Supreme Court over the high court's ruling.