Wiranto wins libel case against sociologist
Wiranto wins libel case against sociologist
Theresia Sufa and Debbie A. Lubis, The Jakarta Post, Bogor/Jakarta
Cibinong District Court found sociologist Tamrin Amal Tomagola
and Jawa Pos daily guilty on Thursday in a libel case against
former Indonesian Military (TNI) chief Gen. (ret) Wiranto and
three other high-ranking military officials.
In the hearing presided over by Judge Indah Sulistyowati, the
court ordered Tamrin and the daily to pay Rp 50 million
(US$5,549) to the litigants in compensation for immaterial
losses.
It also asked them to make a public apology on the front page
of five dailies for three days in a row and six television
channels and cover all expenses resulting from the case which
amounted to Rp 994,000.
The apology should read: "I Dr. Tamrin Amal Tomaloga apologize
to Bapak Wiranto, Bapak Djaja Suparman, Bapak Suaidi Marassabesy,
and Bapak Sudi Silalahi for circulating lies and slander to the
public. I declare that Bapak Wiranto, Bapak Djaja Suparman, Bapak
Suaidi Marassabesy, and Bapak Sudi Silalahi have never plotted
sectarian conflict in Maluku, and Bapak Djaja Suparman has never
threatened me", the verdict said.
The court also demanded that Jawa Pos drop the news, and
announce the correction in Jawa Pos, Siwalima, Kompas, Suara
Pembaruan, and Pos Kota.
The case evolved from an article in Maluku-base daily Siwalima
published on page 3 of the Aug. 4, 2000 edition, which quoted
Tamrin as saying that Wiranto, Lt. Gen. Djaja Suparman, Lt. Gen.
Suadi Marassabesy, Maj. Gen. Sudi Silalahi had masterminded
sectarian conflicts in the country. The news was taken from
jawapos.com, the website of Surabaya-based Jawa Pos daily.
"The courage to file a lawsuit alone is exceptional for
military personnel who always come under public criticism. I
think this is the first time this has been done because in many
cases, military personnel who are slandered are reluctant to file
lawsuits," former Maluku military commander Suaidi said.
Tamrin, a lecturer at the University of Indonesia, appealed
the verdict.
His team of lawyers from Jakarta Legal Aid Institute said the
judges had misinterpreted the facts and the legal aspects by
using secondary witnesses who obtained information from Siwalima.
The jawapos.com online has never been part of evidence during
the trial, while Jawa Pos daily has denied that such an article
was ever published.
Tamrin told The Jakarta Post later in the day that he would
prepare evidence to show the military's involvement in the three
years of sectarian conflict in Maluku.
He said the judges had only used the witness' statements
partially and missed the context in a bid to build arguments to
prove he was guilty.
Tamrin said that he was suspicious about a late intervention
of a third party in the trial. He said he saw a BMW with
registration number B 666 BS before the trial began. The
registration number BS is commonly used by top ranking officials
or ministers.
"The trial started at 12:15 p.m., more than two hours late due
to an internal meeting of judges. Part of the verdict was written
by hand, so that one of the judges asked another judge to read
it. This means there were some changes made at the last minute.
All the statements in the verdict should have been typed because
it had been prepared days before," he said.
Press Council chairman Atmakusumah told the Post that the
press should keep its pride in the eyes of the public by not
easily giving in due to complaints.
"If the press are willing to publish an apology for several
days in various media every time someone is offended, it will
have no respect and pride anymore in the public's eyes. It should
be proud and show its professionalism by keeping on fighting for
press freedom," he said.
He, however, reminded the press to always cover both sides in
writing stories and give objective arguments so that reports
would have a legal basis.
"Many public figures in this country are not ready to hear
unpleasant news. They are not satisfied until they take legal
action because they only consider their reputation. Actually, the
solution is simple, just use your the right to clarify if you
feel offended or slandered," he said.
Theresia Sufa and Debbie A. Lubis, The Jakarta Post, Bogor/Jakarta
Cibinong District Court found sociologist Tamrin Amal Tomagola
and Jawa Pos daily guilty on Thursday in a libel case against
former Indonesian Military (TNI) chief Gen. (ret) Wiranto and
three other high-ranking military officials.
In the hearing presided over by Judge Indah Sulistyowati, the
court ordered Tamrin and the daily to pay Rp 50 million
(US$5,549) to the litigants in compensation for immaterial
losses.
It also asked them to make a public apology on the front page
of five dailies for three days in a row and six television
channels and cover all expenses resulting from the case which
amounted to Rp 994,000.
The apology should read: "I Dr. Tamrin Amal Tomaloga apologize
to Bapak Wiranto, Bapak Djaja Suparman, Bapak Suaidi Marassabesy,
and Bapak Sudi Silalahi for circulating lies and slander to the
public. I declare that Bapak Wiranto, Bapak Djaja Suparman, Bapak
Suaidi Marassabesy, and Bapak Sudi Silalahi have never plotted
sectarian conflict in Maluku, and Bapak Djaja Suparman has never
threatened me", the verdict said.
The court also demanded that Jawa Pos drop the news, and
announce the correction in Jawa Pos, Siwalima, Kompas, Suara
Pembaruan, and Pos Kota.
The case evolved from an article in Maluku-base daily Siwalima
published on page 3 of the Aug. 4, 2000 edition, which quoted
Tamrin as saying that Wiranto, Lt. Gen. Djaja Suparman, Lt. Gen.
Suadi Marassabesy, Maj. Gen. Sudi Silalahi had masterminded
sectarian conflicts in the country. The news was taken from
jawapos.com, the website of Surabaya-based Jawa Pos daily.
"The courage to file a lawsuit alone is exceptional for
military personnel who always come under public criticism. I
think this is the first time this has been done because in many
cases, military personnel who are slandered are reluctant to file
lawsuits," former Maluku military commander Suaidi said.
Tamrin, a lecturer at the University of Indonesia, appealed
the verdict.
His team of lawyers from Jakarta Legal Aid Institute said the
judges had misinterpreted the facts and the legal aspects by
using secondary witnesses who obtained information from Siwalima.
The jawapos.com online has never been part of evidence during
the trial, while Jawa Pos daily has denied that such an article
was ever published.
Tamrin told The Jakarta Post later in the day that he would
prepare evidence to show the military's involvement in the three
years of sectarian conflict in Maluku.
He said the judges had only used the witness' statements
partially and missed the context in a bid to build arguments to
prove he was guilty.
Tamrin said that he was suspicious about a late intervention
of a third party in the trial. He said he saw a BMW with
registration number B 666 BS before the trial began. The
registration number BS is commonly used by top ranking officials
or ministers.
"The trial started at 12:15 p.m., more than two hours late due
to an internal meeting of judges. Part of the verdict was written
by hand, so that one of the judges asked another judge to read
it. This means there were some changes made at the last minute.
All the statements in the verdict should have been typed because
it had been prepared days before," he said.
Press Council chairman Atmakusumah told the Post that the
press should keep its pride in the eyes of the public by not
easily giving in due to complaints.
"If the press are willing to publish an apology for several
days in various media every time someone is offended, it will
have no respect and pride anymore in the public's eyes. It should
be proud and show its professionalism by keeping on fighting for
press freedom," he said.
He, however, reminded the press to always cover both sides in
writing stories and give objective arguments so that reports
would have a legal basis.
"Many public figures in this country are not ready to hear
unpleasant news. They are not satisfied until they take legal
action because they only consider their reputation. Actually, the
solution is simple, just use your the right to clarify if you
feel offended or slandered," he said.