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Indonesian President Says Dutch Court Is Unethical
Camelia Pasandaran, Nivell Rayda & Markus Junianto Sihaloho | October 08, 2010

President Susilo Bambang Yudhoyono said on Thursday that the Dutch trial, which was held when he was due to be flying to the Netherlands, was subject to the "fastest court hearing delay in the world." (EPA Photo/Bagus Indahono) President Susilo Bambang Yudhoyono said on Thursday that the Dutch trial, which was held when he was due to be flying to the Netherlands, was subject to the "fastest court hearing delay in the world." (EPA Photo/Bagus Indahono)
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hypocrat
8:38pm Oct 9, 2010

@jokuku

The lawsuit was NOT sped up. A kort geding is always fast, just do a Google on "Kort Geding Dutch court" and you will find many links outlining in English what a "Kort Geding" is.

Due to the Democratic nature of the Netherlands, the independence of the judicial body, every pressure group can start a "Kort Geding". For example in 2005 shortly before G.W. Bush' visit to the Netherlands, a group filed a "Kort Geding" to apprehend the US president. As was in SBY's case, the judge in the "Kort Geding" against Bush ruled denial of the request.

Again, everyone can start a "Kort Geding", this doesn't mean the Dutch Government recognizes this group. In fact the Dutch government stressed it does NOT recognize the RMS - as stated by Indonesian presidential spokesman (see e.g. Antara news October 3rd, 2010).

SBY's trip to the Netherlands was also to promote cooperation between Indonesia and the Netherlands. For example cooperation in the areas of water management (preventing flooding), agricultural methods, increase Dutch investments (e.g. infrastructure) etc.

Currently the Dutch are the 2nd largest EU investors in Indonesia, 7th overall. The Dutch are also one of the biggest donors for aid to Indonesia. Indonesia has a trade surplus of US $2 billion with the Netherlands. It's sad that all of this can be hindered because of misinterpretation of what a “kort geding” is. Especially in the background that Indonesia can use help in certain fields (preventing floodings, modern agricultural techniques). And with many Indonesians still under the poverty line, Indonesia can use every investment available. Really sad and a diplomatic blunder if all of this is hindered because of misinterpretation.

ozzo
4:34pm Oct 9, 2010

This is just like an Indonesian saying, "You can see an ant at sea, but you can't see an elephant right in front of your eyes."

Indonesian court are B.S. If you have money you'll win.

Asoegenie
1:41pm Oct 9, 2010

SBY must now be the thinnest-skinned Indonesian president on record. He shames us Indonesians further by showing his narrow-mindedness and ignorance of how the Law really works in other countries. When will he cast aside his blinders and be brave enough to see reality? When will we, Indonesians as a whole, become more mature and broad-minded in our thinking?


Wong Edan
12:01pm Oct 9, 2010

@jokoku: Oh dear. Don't you read ANYTHING except propaganda? Holland recognized 17 August as Indonesia's independence day back in 2005. Of course a more self-confident country would not have cared... Regarding Papua, Indonesia is STILL holding on to it after more than 40 years, so to blame the Dutch for doing the same is rather hypocritical. And finally, the Dutch government is not supporting separatists. A few private citizens started a lawsuit alleging torture by Indonesia, and thus proved the cowardice of the president.

jokoku
6:59am Oct 9, 2010

350 years of colonialism, 60 years required before it attend indonesian independence day ceremony (and it takes another 5 years supposedly to recognize indonesian independence day, but no not really brother, speed up the court to catch the guy that supposedly get a medal from their Queen, what a nice attitude), try to hold papua until 1963, try to get involve in Indonesia internal politics (IGGI case), and now support Indonesian separatist, what a good friend.

Jakarta. According to President Susilo Bambang Yudhoyono, a Dutch court’s decision to hear a case against him on the day he was to arrive in the country was a violation of the bilateral relationship.

“It is strange. The lawsuit was filed on October 4 and the court decided to open the first session on October 5,” he said on Thursday. “It is the fastest court hearing delay ever in the world.”

The court had agreed to hear a request by a Maluku pro-independence group for him to be arrested over human rights abuses.

Announcing the cancellation of the trip at Halim Perdanakusuma airbase in East Jakarta on Tuesday with his plane waiting on the runway, Yudhoyono said it was a matter of national dignity.

Speaking at a cabinet meeting on Thursday, he said the decision to hear the case on the very day he was to arrive in the Netherlands was unacceptable.

He said he understood the Dutch government could not intervene in the case as this was also the situation in Indonesia.

“But the court is part of the Netherlands’ national system, so it should not have been scheduled to coincide with my arrival that day,” he said.

“It sends the wrong signal, as the court hearing violates ethics and norms of a bilateral relationship.”

Yudhoyono said the decision to forego his trip at the last minute was not taken lightly.

Although he made up his mind just 45 minutes after receiving reports that the court hearing would open on Wednesday, he said he had consulted the vice president and several ministers over what to do.

The suit was filed by the South Maluku Republic (RMS), a group of pro-independence Maluccans whose leaders are in exile in Holland. The RMS has accused Yudhoyono of being responsible for a string of human rights violations against its activists in Maluku.

At least 21 people have been detained since June 2007 for allegedly trying to unfurl the outlawed separatist RMS flag in front of Yudhoyono when he was visiting Ambon. Human rights group have backed claims that police tortured the activists.

The president also said relations between Indonesia and its former colonial master had significantly improved with The Hague’s recognition in 2005 of Indonesia’s independence as falling on Aug. 17, 1945, instead of in December 1949, as the Netherlands had claimed.

“Since then, there has been improvement in of our bilateral relations,” he said.

The president said he preferred to act firmly and delay the visit rather than create political complications and more serious problems between the two nations.

Undeterred by the court’s decision to drop the case, Wim Sopacua, vice president of the RMS government in exile, said it would file an appeal when Yudhoyono made new plans to visit the country.

“The appeal will be filed as soon as we know when Yudhoyono will visit,” he said.