Judge Rejects Lawsuit Of IDR 700 Billion Press Dispute In Makassar

The Panel of Judges at the Makassar Class I District Court, South Sulawesi, finally decided to reject the Press dispute case with a lawsuit value of Rp700 billion against the defendants two online mediakata.co.id and herd.id and journalists.

"The trial, in the exception of rejecting all the exceptions of Defendant I, Defendant II, Defendant III and Defendant IV in the subject matter of the case, stated that the lawsuit by the Plaintiffs was unacceptable (Niet Ontvankelijke verklaard)," said Chief Judge R Mohammad Fadjarisman in the verdict reported by ANTARA, Tuesday, May 21.

In addition to rejecting the lawsuit from the plaintiffs of the former special staff of the Governor of South Sulawesi regarding the decision of the Civil case Number 3 / Pdt.G / 2024 / PN.Mks, the Panel of Judges also sentenced the plaintiffs to pay a court fee of Rp362,000.

The decision was decided at a meeting of the Panel of Judges at the Makassar District Court on Tuesday, May 14, 2024, with Chief Judge R Mohammad Fadjarisman and member Halidja Wally, and Burhanuddin.

Furthermore, the verdict was read out in an open to the public trial on Tuesday, May 21, 2024, attended by the Replacement Registrar, Rosanny Novianty Nika, then sent electronically via a court information system today.

In the verdict, the Panel of Judges considered that when viewed from the parties withdrawn by the plaintiffs, they were then linked to the posita of the plaintiffs' lawsuits regarding online media coverage related to the provisions of accountability contained in Law Number 40 of 1999 concerning the Press.

"So it is clear that the plaintiffs did not attract the party most responsible in the press itself and instead withdrew the press institution and its journalists," he said in the verdict.

Considering that the composition of parties withdrawn in the plaintiff's lawsuit is 'as if' still using the accountability of the 'waterfall liability system' which has been abandoned by Law Number 40 of 1999 concerning the Press.

Based on the description of the consideration, the panel of judges concluded that the plaintiff's lawsuit did not meet the formal requirements of a lawsuit because it contained elements of uncertainty and was vague.

Considering, because the lawsuits of the Plaintiffs are unclear and vague, all evidence submitted in the a quo case is no longer relevant for consideration, so the plaintiffs' lawsuits must be declared unacceptable (Niet Ontvankelijke verklaard).

Thus, the plaintiffs as the defeated parties must be punished to pay the court fees as stated in this ruling.

Responding to the decision, the Defendant's Legal Advisor from the Makassar LBH Pers Fajriani Langgeng stated that the decision taken by the Panel of Judges was very correct and correct because it included a mechanism for handling press disputes, as regulated in the rules of the Press Council.

"The recommendation for handling in this case still uses the specialized lek rules according to the natural regulations of the Press Law. I think this is a good form of appreciation for the panel's considerations, because the panel has a perspective in handling press cases," he explained at a press conference.

With this decision, of course, it can be used as jurisprudence so that in the process of handling press disputes, the resolution will be prioritized in the Press Council. He also expressed his appreciation to all parties who are members of the coalition of journalists who continue to support the settlement of this case.

Another defendant's legal adviser, Firmansyah added, this victory does not require all to be euphoric but still appreciates this. It also indicates that the case of journalists who are in conflict with the law at the court is always thwarted.

"In this case, actually, if you look at the case records, the media are faced with legal cases at the court that are always thwarted," he stressed.