In the case of Soeharto vs TIME Magazine, decision of the Supreme Court No. 3215K/Pdt/2001 which adjudicated on 28 August 2007 and has publicly read on 30 August 2007 by Junior Head Taufiq (Member). Bahauddin Qaudry (Member), the decision has many improperness. First, it of Military Section, German Hoediarto (the Chairman of the Panel of Judges), H. Muhammad can be seen from the composition of the Panel of Judges, the chairman was come from Military in the decision of appeal to the supreme court was not a legal consideration but a politica Background so that his competency in deciding press cases is questionable. Consideration arises Soeharto as a Great General of Indonesian Army and the former President of the Republic d consideration which stated that TIME Magazine was proven has conducted defamation againg Indonesia.

using Law No. 40 of 1999 regarding The Press because the case being examined was the case Second, decision of the Supreme Court was not use the Press Law. The Supreme Court should of media publication, similar with the decision of the Supreme Court on the case of Tempo V Tommy Winata, where the Supreme Court used the Press Law.

Third, the Supreme Court in deciding the case did not considering sociological aspect of social sense of justice, Article contained in TIME was intended for public importance. In fact, the article has given advantages to the government as initial information to investigate and trace the assets of Soeharto and his cronies as stipulated in TAP MPR No.XI/MPR/1998 regarding State Manage ment, which clean, and free from corruption. Currently the government is suing Soeharto Fourth, claim of indemnity granted by the Supreme Court which reaches 1 quintillion rupiah is contrary with the Press Law. The Press Law stipulates that maximum fine is 500 (five hundred million rupiah.

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