Touching Ghalib's conscience<\/p>\n
By Rahayu Ratnaningsih<\/p>\n
BOGOR, West Java (JP): Many a truth is said in jest, goes one
\nold adage. With Indonesia's (ex) attorney general, one can't help
\nbut jest about his life drama. And wrestle is the key word here.<\/p>\n
No one perhaps knew that the recently resigned attorney
\ngeneral turned out to be a very dedicated supporter of wrestling
\nas a sport until Indonesian Corruption Watch's (ICW) revelation
\nof his personal accounts two weeks ago.<\/p>\n
What people did notice was that this man seemed like a
\nremarkably persistent wrestler of his battered image. His
\nperformance during 10 months in office is quite impressive: a
\nchicken and Soeharto Award, both were awarded by the students, on
\ntop of regular and incessant mockery and condemnation from the
\npublic whose interest he is supposed to represent.<\/p>\n
Despite everything, he seemed unflustered. He is indeed a
\ntough wrestler, and the most celebrated one, for sure. People
\nprobably wondered how, until they found out that Rp 13 billion,
\nRp 9.2 billion of which was acquired between September 1998 to
\nMay 1999, was sitting in his and his wife's numerous accounts.
\nNot bad a job if you enjoy that sort of income in less than a
\nyear. To put it rather bluntly, with that sort of money one can
\nwrestle joyfully and comfortably for the rest of one's life. A
\nfriend mumbled rather solemnly, \"You can wrestle the whole world
\nwith Rp 13 billion.\"<\/p>\n
The amusing irony was that while he was wrestling abroad to
\ntrace Soeharto's accounts, his own accounts were successfully
\n\"traced\" probably by certain parties who could no longer wrestle
\nthe temptation to teach him a lesson. And he barked, how could
\nanyone do this to a man who did everything in his power to
\nwrestle corruption, cronyism and nepotism KKN? Isn't it repulsive
\nsabotage, a conspiracy to defame his reputation?<\/p>\n
Some voices \"defended\" Ghalib by saying that the Rp 450
\nmillion from Prajogo Pangestu and The Nin King was indeed
\ntransferred to PGSI's account, only that PGSI here stands for Pak
\nGhalib Serta Isteri or Mr. Ghalib and wife, instead of Persatuan
\nGulat Seluruh Indonesia (Indonesia Wrestling Association).
\nAnother revelation by ICW on the same day of his resignation, 14
\nJune, was that there was another two transfers amounting to Rp
\n275 million on February an March 1999 from a businessman, known
\nas Ganda, who had been officially barred from leaving the country
\nfor a legal case he was facing that now has been left untouched,
\nto another account under his name.<\/p>\n
The Ghalib episode is just the tip of the iceberg. It is
\ncommon knowledge among the Indonesian people that even for
\ngovernment officials of the mid to lower echelons, let alone high
\nprofile ministers, Rp 13 billion is by no means a staggering
\namount worth fussing about. The mentality is that it's a kind of
\nfringe benefit that goes with the position that people,
\nespecially the officials concerned, have now taken for granted
\nfor decades.<\/p>\n
That Soeharto was toppled by people power last year due to,
\namong other things, rampant corruption, turned out to be an
\ninsufficient catalyst to overhaul the old mentality. Kwik Kian
\nGie even hinted that KKN has increased in the last year since,
\nrealizing that the clock was ticking and time was not on their
\nsides, many government officials really took advantage of the
\nshort time they had in office.<\/p>\n
ICW threatened to reveal more accounts under Ghalib's name in
\nother banks. The natural inference is if Ghalib who has only
\nserved less than one year in the government could save that much
\nmoney, what about those who have been in the government for
\nyears, some over 10 years? How much do they have? ICW has
\npromised to present its findings on other high-ranking officials'
\naccounts to the public after Ghalib's case has been completed and
\nit maintained that there was no way that he could escape
\nindictment. Is that so?<\/p>\n
The reality is the new regime under Habibie is still
\nmaintaining the old paradigm of not wholeheartedly pursuing any
\ncorruption allegations concerning high-ranking officials. It
\nnever happened before and it is still not happening now. His
\ndecision prior to what is officially known as the voluntary
\nsuspension appeal, to audit Ghalib's accounts without indictment,
\nwas basically a way of telling people that law was not blind,
\nthat law enforcement would depend on one's status and position.
\nCommon people would need to be indicted first to enable his
\nwealth to be audited, but not an attorney general.<\/p>\n
This inconsistency was a serious infringement on the supremacy
\nof law. And the other important thing to note is his bizarre
\nchoice of Feisal Tandjung, the Coordinating Minister of Politics
\nand Security to replace Ghalib. For one thing is Tandjung is of
\nmilitary and none of law background. For another is he has never
\nbeen known as a reformist figure in any way, not to mention that
\nthe demanding job as an attorney general can unlikely be two-
\ntimed with another key position in the cabinet. So how can he
\nexpected be to perform better than disastrous Ghalib?<\/p>\n
This unwise move indicates that Habibie is not serious in his
\nlaw enforcement agenda. Mind you this is the time that Habibie,
\nas a presidential contender, is supposed to market himself as a
\npro-reform candidate, most suitable for corruption ravaged
\nIndonesia. What would happen when he runs for another term in
\noffice, legitimately this time? What could people expect from him
\nin term of abolishing KKN? Accordingly, it's about time for him
\nto start packing his family's pictures from his desk and get
\nready for departure. The sooner he realizes that he is in no way
\na feasible presidential candidate that people want and need the
\nwiser. What people want is the type of leader who has no qualms
\nabout firing a subordinate because his wife accepted designers'
\nclothes such as the case of Korea's Justice Minister.<\/p>\n
ICW is gaining momentum as the instrumental tool for
\nuncovering as well as deterring corruption. And the precedent
\nthat a high-ranking official was forced to voluntarily resign
\nfollowing a corruption allegation, however late, has been set. In
\nthe near future, there will be no big daddy who will protect
\ncorrupters and appease the public's outcry as commonly and
\nregularly happened during Soeharto's reign. The combat of KKN
\nshould be a zero-sum game, no more and no less. Surely, other
\nofficials or ex-officials with Ghalib's reputation and philosophy
\nof life, who are thousands in number, are currently having a
\nhissy fit because they might be the next victims any day soon.
\nThis will be a big project to tackle, but someone has got to do
\nit.<\/p>\n
What the new government should immediately do will be to
\nimplement an intense, relentless campaign, not unlike the one on
\nthe recent election funded by UNDP, in all media especially TV
\nand radio. The campaign shall instill fear, stigma and shame on
\nthe act of corruption. It should call for people to also have an
\nactive role in the prevention and monitoring of KKN occurrence,
\none of which is to report any knowledge of corruption to the
\nauthorities. It should appeal to family members, wives and
\nchildren, of those in power to be ashamed of the wealth they
\ndon't deserve. A paradigm shift can only take place when shame is
\nproperly and constantly instilled into the people's minds. The
\nsuccess of the recent election was the proof of the effectiveness
\nof a committed media campaign.<\/p>\n
What urgently needs to be done is to revise the corruption
\nlaw. The onus of proof should be on the accused to establish
\ninnocence rather than the prosecution to prove guilt. Under this
\namendment, people like Ghalib have to prove to the court that
\ntheir wealth is not illegitimately acquired.<\/p>\n
If he indeed had substantial savings prior to his appointment
\nas the attorney general, he should tell the court what means
\ncould enable him to earn that much money. Did he own a business
\nbecause by any method of calculation there would be no way his
\nprevious positions as a deputy governor and an overseas-based
\ndiplomat alone could afford him and his wife the kind of luxury
\nthey are currently enjoying?<\/p>\n
If he did own a business then it would be another case of
\nviolation of oath because a government official is prohibited to
\nventure in business. If he got it from his \"friends\" as he said
\nin Panji magazine, then he has to explain in what capacity his
\n\"friends'\" gift was accepted. And again, it would be another case
\nof serious violation because as a government official he is not
\npermitted to receive any gifts from anyone.<\/p>\n
Supposed what he said, that the transfer from the two tycoons
\nwas for PGSI, was true, he is still in the wrong for: one,
\nbreaking the ethical code that he, as a crusader of justice, must
\nstrictly adhere to and two, for failing to separate his personal
\nfrom professional or organizational interest by having PGSI's
\naccount under his name.<\/p>\n
As a man well versed in the law, this should have been basic
\nknowledge for him. Any prosecutor, in his right mind, wouldn't
\nhave accepted any sort of contribution either to him personally
\nor his fostered organizations from those who he knows for a fact
\ncould potentially create a conflict of interest to his \"delicate\"
\nposition. And certainly he would never have received it through
\nhis personal account. It is simply sloppy and foolish. His
\nnaivete, or perhaps more correctly complacence, is simply
\nunacceptable and it shows his obvious lack of professionalism and
\njudgment. For those reasons alone, Habibie has enough grounds to
\nterminate him.<\/p>\n
At any rate, as claimed by Teten Masduki from ICW, there is no
\nway Andi Ghalib could be spared from legal consequences this
\ntime. Any argument that could be found by him and his lawyer can
\nand will eventually be used against him. His action is simply
\nindefensible by any norm, logic or standard of common decency.<\/p>\n
\"Corruption is a matter of the detriment of morality. The
\npeople concerned should be made ashamed and deterred.\" Who would
\nexpect that the above lines were taken from his biography in the
\ncelebration of his 53rd birthday?<\/p>\n
Following his own sermon, he should support what ICW is doing,
\nthough conviction shall still be established by the court.
\nFinally people get what they have always wanted, namely Ghalib's
\nresignation, after months of being fooled around with and one
\nscandalous incident after another involving him. This should be a
\npainful lesson for other high-ranking officials who know that
\nthey are not clean themselves. Soon, you all shall follow in his
\nfootsteps.<\/p>\n
The writer is director of the Satori Foundation, a center for
\nthe study and development of human excellence through mind
\nprogramming techniques.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/touching-ghalibs-conscience-1447893297",
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