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Alert

Journalists charged with criminal libel

(CPJ/IFEX) - In a 10 April 2003 letter to Indonesian President Megawati Sukarnoputri, CPJ expressed its deep concern about her government's failure to prosecute those responsible for last month's attack on "Tempo" magazine. Moreover, the organisation is disturbed that two of the journalists injured in the attack are now themselves in danger of arrest under Indonesia's criminal libel laws.


On 7 March, "Tempo" magazine received a letter from the lawyer of businessman Tomy Winata threatening libel action over an article published in the magazine's 3 March edition. The article, written by reporter Ahmad Taufik, cited allegations that Winata stood to profit from a February fire that had destroyed the Tanah Abang textile market in the capital, Jakarta, and may be responsible for the blaze. The article also included a statement from Winata denying that allegation.

On 8 March, a group of more than 100 men gathered in front of the "Tempo" offices in Jakarta to protest the article. After Taufik went outside to address the protesters, they pulled him into the crowd and assaulted him, according to Taufik. With the help of a police officer, the journalist invited several protesters into the offices to discuss the issue with other "Tempo" staff members. Once inside, the protesters continued verbally and physically abusing the journalists. Reporter Abdul Manan was injured when a protester threw a wooden box at him.

Several "Tempo" employees and protesters subsequently went to the police station to negotiate peacefully. While waiting at the station, editor Bambang Harymurti and reporter Karaniya Dharmasaputra were hit by the protesters. The two were beaten in the presence of police officers, who did not intervene in the attack, according to witnesses.

Following the meeting at the police station, both sides signed an agreement that the matter would be resolved through legal channels. In the agreement, one of the protesters, a man named David, "explicitly admitted that he was representing Tomy Winata," according to Taufik.

On 27 March, police summoned editor Harymurti for questioning after Winata registered criminal complaints against "Tempo" magazine. Authorities charged Harymurti with libel and defamation under Articles 310 and 311 of the Criminal Code, which carry a maximum penalty of four years in prison. He is also charged with violating Article 5(1) of the Press Law, which requires the media to respect religious and moral norms and carries a maximum fine of 500 million rupiah (US$56,000). The same three charges were later filed against Taufik. On 5 April, police questioned Taufik for 11 hours about the case. Four other journalists from "Tempo" have also been questioned in the case.

Harymurti and Taufik stand by the accuracy of the "Tempo" story and refuse to issue an apology to Winata or divulge their sources, as Winata's supporters have demanded.

Recommended Action

Send appeals to the president:
- condemning the physical intimidation and violence against "Tempo" staff in reprisal for their reporting
- recalling that although five protesters have been charged for the attack on the "Tempo" offices and the assault on the journalists, only one of these men has been arrested
- calling for a swift and thorough investigation into the incident and for all those responsible to be prosecuted to the fullest extent of the law
- expressing grave concern that criminal charges have been filed against Harymurti and Taufik for their reporting
- noting that no journalist should be criminally prosecuted for the content of his or her work
- further remarking that the complaint against "Tempo" magazine should be handled as a civil matter, and not as a criminal case

Appeals To

Her Excellency Megawati Sukarnoputri
President, Republic of Indonesia
Office of the President
Bina Graha, Jalan Veteran No. 1
Jakarta Pusat, Indonesia
Fax: +62 21 778 182

Please copy appeals to the source if possible.