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.