Thu, 16 Dec 1999

All citizens equal before law

Indonesia finally has an attorney general who has the professional confidence and integrity to act decisively to ensure that the nation's laws are enforced fairly, and he is criticized by, of all people, someone who revels in his reputation as a champion of the victimized, Mr. Adnan Buyung Nasution. His reputation notwithstanding, Mr. Nasution seems all too comfortable moving from one side of the room to the other -- from the corner of those who are oppressed to the dining tables of those who exploit the oppressed and manipulate the law for personal profit. Does anyone else doubt that the attorney general has reasonable, good-faith grounds for his preliminary conclusion that Mr. Sinivasan of Texmaco may have improperly obtained special government facilities for his company because of his past friendship with Mr. Soeharto?

Attorney General Marzuki Darusman has made it clear in his public statements that Mr. Sinivasan of Texmaco is a suspect only, has not yet been proved guilty of a crime and is presumed innocent at this stage. Mr. Darusman has also made it clear that as a suspect Mr. Sinivasan will not enjoy a favored position based on his status or wealth. Shouldn't champions of the oppressed like Mr. Nasution be celebrating this bureaucratic development?

The attorney general has done what any effective prosecutor would do; he has acted quickly to limit a suspect's opportunity to flee the jurisdiction. Would Mr. Nasution prefer that his client had been physically detained? We have all watched the parade of other crony conglomerati who in the past two years suddenly developed mysterious illnesses that required extended treatment in the U.S., Australia or Singapore when they became targets of suspicion.

Shouldn't all of us who are subject to Indonesia's laws be grateful for an attorney general who does not tolerate those shameful, sham attempts to avoid the criminal justice system? But Mr. Sinivasan is only one part of the collusive equation. The other part is Mr. Soeharto. If there is a basis for concluding that Mr. Sinivasan has violated a law, there should be a corresponding legal basis for concluding that former president Soeharto has violated the same law. (If there is not, this legal lacunae needs filling immediately). In fact Soeharto's guilt would be greater, since as president he took a public vow to uphold the laws of the land.

As a matter of public education Mr. Marzuki Darusman might want to cite the law that Mr. Sinivasan is suspected of violating, and promptly deal with citizen Soeharto also.

DONNA K. WOODWARD

Medan, North Sumatra