Mediator asks tollway dispute plaintiffs to appear

The Jakarta Post , Jakarta | Thu, 11/01/2007 4:51 PM | Jakarta

The Jakarta Post, Jakarta

The first mediation meeting to settle the dispute between toll road users and the government over the recent tariff hike was adjourned Tuesday over complaints that only the government's attorneys were in attendance.

Lawyer Hermawanto from the Jakarta Legal Aid Institution, representing the plaintiffs, told the Central Jakarta District Court the government and toll road operators should attend the mediation.

An article in the Supreme Court regulation on the mediation process states the disputing parties can be assisted by attorneys during the mediation process.

""This means both parties have to attend the mediation themselves and are welcome to bring along their lawyers, but they cannot be represented by their attorneys,"" said Hermawanto.

The lawsuit was filed by 13 representatives of toll road users, grouped in the Advocacy Team of Toll Road Users (Tampol). They demanded the government annul the tariff hike of around 20 percent, introduced in early September.

They said the tariff hike was not followed by better provision or the reduction of traffic congestion on toll roads.

The government argued that the tariff hike was in accordance with government regulations on highways issued in 2004 and 2005. Under the regulation, toll road operators are allowed to increase the tariff every two years to keep up with inflation.

Named as defendants in the suit are President Susilo Bambang Yudhoyono, Vice President Jusuf Kalla, Public Works Minister Djoko Kirmanto, Transportation Minister Jusman Syafii Djamal and the state's Tollway Management Board.

Representing the defendant, Johanis Tanak from the Attorney General's Office said that it was not necessary for the defendant to attend the mediation as they had already appointed attorneys to act on their behalf.

""They have already signed the power of attorney, stating that we are given full authority to settle the case,"" he said.

He added that the reference used by the plaintiff, saying that the disputing parties could be assisted by their attorneys, did not state clearly that the defendant was obliged to attend the mediation.

""It is their own interpretation of the article; if we refer to the Civil Code Procedures, it is stated that the defendants are allowed to be represented by their attorneys,"" he said.

However, Johanis said that he would convey the demand to his authorizers but could not guarantee their presence due to their tight schedules.

""As you might well know, the statesmen are bound to tight schedules while we are only given 22 days to settle the dispute through mediation,"" he said.

The regulation on mediation states that the disputing parties are obliged to settle the case through mediation before asking the court to rule on the lawsuit. If the mediation fails in 22 working days, the lawsuit will proceed to the court.

Judge Makasau said the mediation was adjourned until next week to give time for the plaintiff's attorney to convey the demand to his authorizers. (lbt)

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