VZCZCXRO0321
OO RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHJA #1944/01 2950816
ZNR UUUUU ZZH
O 210816Z OCT 08
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0372
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY
RUEHBJ/AMEMBASSY BEIJING 5513
RUEHBY/AMEMBASSY CANBERRA 3181
RUEHLM/AMEMBASSY COLOMBO 1384
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RUEHUL/AMEMBASSY SEOUL 5030
RUEHKO/AMEMBASSY TOKYO 2627
RUEHPB/AMEMBASSY PORT MORESBY 4047
RUEHWL/AMEMBASSY WELLINGTON 3182
RUEHHK/AMCONSUL HONG KONG 3038
RUEHPT/AMCONSUL PERTH 1212
RHEHNSC/NSC WASHDC
RUEHLMC/MILLENNIUM CHALLENGE CORP 0089
RUEAWJB/DEPT OF JUSTICE WASHDC
RHEFDIA/DIA WASHINGTON DC
RUEAIIA/CIA WASHDC

UNCLAS SECTION 01 OF 02 JAKARTA 001944 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR EAP/MTS, EAP/MLS, EAP/PD, INL FOR BOULDIN 
DEPT FOR EEB/IFD/OMA 
DOJ/OPDAT FOR LEHMANN/ALEXANDRE 
NSC FOR E. PHU 
 
E.O. 12958: N/A 
TAGS: PGOV KCOR KJUS ID
SUBJECT: SUPREME COURT REPORTEDLY OVERTURNS DEFAMATION 
RULING AGAINST TIME MAGAZINE 
 
REF: A. JAKARTA 377 
     ¶B. JAKARTA 433 
     ¶C. 07 JAKARTA 2969 
     ¶D. 07 JAKARTA 2525 
 
JAKARTA 00001944  001.2 OF 002 
 
 
¶1. (SBU) This message is Sensitive but Unclassified--Please 
handle accordingly. 
 
¶2.  (SBU) SUMMARY:  Mission has informally heard that the 
Indonesia's Supreme Court has overturned its previous 
decision awarding damages in a case against TIME Asia in the 
Suharto defamation case, but no official announcement has 
been made.  In 2007, the Supreme Court awarded ex-dictator 
Suharto (now deceased) $106 million in damages in a libel 
lawsuit filed against TIME for reporting that Suharto and his 
six children had accumulated $18 billion of wealth during his 
tenure.  TIME sought a judicial review after the Supreme 
Court previously sided with Suharto. 
 
¶3.  (SBU SUMMARY (Con'd):  The decision has not yet been made 
public.  If confirmed, it would be positive for press freedom 
in Indonesia.  If asked by the media, Mission recommends the 
Department reply that we have no word on a decision. END 
SUMMARY 
 
¶4. (SBU) Two sources recently told Mission that they had 
heard informally that a ruling favoring TIME in the 
TIME/Suharto case has been made, but the Supreme Court has 
made no official announcement.  One of these sources, Todung 
Mulya Lubis, head of the TIME defense team, told us that he 
had also heard indications that the court had reached a 
favorable decision, but had not yet been notified by the 
court.  Contacts at the clerk's office at the Supreme Court, 
where rulings are recorded, told us October 21 that they had 
not received word of a decision.  Assistant to the Chief 
Justice, Roki Panjaitan told us no verdict had been made in 
the case. 
 
¶5. (SBU) BACKGROUND: On September 10, 2007 the Indonesian 
Supreme Court ordered TIME Asia to pay former president 
Suharto 1 trillion IR ($106 million) in damages for 
defamation of character, for reporting on the extent of 
Suharto's corrupt activities.  That ruling overturned a 
previous decision by the lower courts in TIME's favor.  The 
suit concerned a May 1999 article which described how the 
Suharto family had accumulated $15 billion in ill-gotten 
gains during Suharto's 30-year rule. (ref C).  TIME sought a 
judicial review of the ruling.  END BACKGROUND 
 
¶6. (SBU) The fact that the decision has not been made public 
is not unusual in Indonesia.  Lubis said it was standard 
procedure for the Supreme Court to first send the decision to 
the district court, which then notifies the parties in the 
case.  This process generally takes two to three weeks, but 
can take as long as two months.  Lubis added that there is 
precedent for the Supreme Court to make its decisions public 
without waiting for the paperwork to flow through the 
district court.  He said a favorable ruling would be "good 
news," but would wait for an official announcement.  He fears 
the Supreme Court could delay the announcement pending "the 
right time" or because "the other side is closely watching 
the court."  Lubis did not seek assistance from Mission to 
speed up the announcement process. 
 
¶7. (SBU) The Supreme Court now publishes its rulings on its 
website as the result of a grant from USAID's Millennium 
Challenge Corporation Threshold program.  Despite a recent 
press release announcing 5,000 cases had been uploaded, there 
remains a huge back-log of cases waiting to be published 
 
JAKARTA 00001944  002.2 OF 002 
 
 
online.  Therefore, we should not expect to see this ruling 
published on its website any time soon. 
 
¶8. (SBU) A favorable ruling by the Supreme Court would send a 
strong message for freedom of the press, good governance and 
democratic institutions in Indonesia.  Additionally, it would 
increase investor confidence by decreasing perceptions of 
legal uncertainty for foreign investors.  Mission is awaiting 
a formal announcement by the Supreme Court and recommends the 
Department, if asked, respond that we have no indication a 
formal decision has been reached in the TIME case. 
HUME