| Statement from AJI Indonesia concerning Time Granted Review on Soeharto Case: Law Enforcement Should Respect the Right of Reply |
| Ditulis oleh AJI Indonesia |
| Sabtu, 18 April 2009 10:01 |
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The Supreme Court’s board of judges consisting DR. H. Harifin A. Tumpa, SH, MH, as the board chairman; Prof. DR. H.M. Hakim Nyak Pa, SH, DEA, and H.M. Hatta Ali, SH, MH has handed down its verdict over case no. 273 PK/PDT/2008 involving Time Inc. Asia and H. Muhammad Soeharto, by “Granting the request for a Judicial Review, and ruling out earlier cassation verdict made by the Supreme Court”. The Court on 17 April 2009 has ruled out a cassation verdict demanding Time Magazine to pay Rp. 1 trillion to former Indonesian President Soeharto. According to the board of judges, Time did not act against the law by committing defamation against Soeharto. And the news item that Time magazine covered still obeys the press’ code of conduct and Time has given its Right of Reply to Soeharto. The Alliance of Independent Journalist (AJI) Indonesia is of the opinion that the court has made a correct decision and it is an important development in press law in Indonesia . First, the Supreme Court recognizes press’ code of conduct as a benchmark to determine press’ illegal conduct. Press, which has complied with such code in its reporting, cannot be categorized as a crime. Secondly, as a legal institution, the Supreme Court recognizes the Right of Reply. Thus, the Right as governed in Law No. 40 of 1999 concerning Press has an important role in handling both criminal as well as civil cases involving the press. The press’ Right of Reply to a party inflicted by the press is a compulsory procedure in handling cases involving press in courts of law. When the press serves the Right of Reply, then it is freed from any unlawful conduct but when it does not serve the Right, then the press may be considered to have committed an unlawful conduct. AJI Indonesia hopes that law enforcement in Indonesia considers this law when handling cases involving the press. Thus, it is necessary for law enforcement to consider journalistic works from code of conduct viewpoint in determining a legal mistake in reporting. Secondly, law enforcement must see whether or not, the press has given the Right of Reply to inflicted parties in case of a complaint or lawsuit against an article. AJI Indonesia is of the opinion that this verdict should be made as a sample for law enforcement, particularly judges, in handing down verdicts involving the press. Therefore, law enforcement should consider Law No. 40 of 1999 concerning the Press, when handling press cases. Jakarta , 17 April 2009 Nezar Patria Chairman Margiyono Coordinator of Advocacy Division For further information: 1. Nezar Patria (Chairman of AJI Indonesia): 0811829135, email: This e-mail address is being protected from spambots, you need JavaScript enabled to view it ; 2. Margiyono (Coordinator of Advocacy Division, AJI Indonesia): 08161370180, email: This e-mail address is being protected from spambots, you need JavaScript enabled to view it |
