Anita Rachman – The Central Jakarta District Court refused on Wednesday to hear a lawsuit filed against President Susilo Bambang Yudhoyono by a former palace dancer who was arrested during the bloody aftermath of the 1965 coup attempt.
Judge Amin Ismanto, who presided over the proceedings, said the court was "not authorized to examine and rule on the case." He said the plaintiff, Nani Nurani, should take her case to the State Administrative Court (PTUN).
The 71-year-old was seeking Rp 7.76 billion ($845,000) in damages from the government, represented by President Susilo Bambang Yudhoyono as the head of state, for unlawful detention and the stigma Nani says she has suffered since her arrest without trial in 1968.
The former palace singer and dancer during the rule of the founding president, Sukarno, spent seven years in prison and was interrogated for a crime she said "had nothing to do" with her.
The New Order regime that came to power after the failed coup, led by Suharto, blamed the Indonesian Communist Party (PKI) for the deaths of seven generals. PKI members, or anyone with the faintest link to the party, faced detention or execution.
Artists and performers were targeted since the PKI was known to support local culture and art.
Speaking after the hearing, Nani said she was disappointed but would continue to fight. "Rulers are always above the law," she said. "I will appeal. I will not rest. I'll keep on fighting."
Nani said she hoped her case would encourage other victims of the communist purge to speak out and demand justice.
Alex Argo Hernowo, from the Legal Aid Foundation, which has been representing Nani, said the lawsuit was within the jurisdiction of the district court.
"The PTUN can only change or revoke [a government policy]. Compensation requires a ruling from a [regular] court," he said. "This is just an excuse. The court is afraid to make a just ruling."
Alex said the judiciary was worried the case would have a domino effect, exposing many more cases of arbitrary arrests, tortures and killings.
He said that they would appeal Wednesday's decision to the Jakarta High Court. "If justice is not served then, we will go all the way to the Supreme Court," he said.