Bulog scandal is criminal case despite fund return: Police
JAKARTA (JP): A Cabinet minister, a senior police officer and several experts have said the State Logistics Agency's (Bulog) Rp 35 billion scandal is a criminal case, not a civil one, although most of the suspected parties involved have returned the stolen funds.
Contacted separately over the weekend, the sources said suspects in the high-profile case allegedly swindled the fund from the Bulog worker's foundation Yanatera and therefore would be charged with being involved in a criminal case.
Attorney General Marzuki Darusman said the return of Rp 10 billion by Suwondo, the main suspect, to Yanatera though his wife, Teti Nursetiati, was done because the case contained elements which could be included in a civil case.
Several parties in this case, he said, had made formal agreements about the fund.
"(But still) this case is purely a criminal case," Marzuki told The Jakarta Post on Sunday.
Outgoing city police chief of detectives Col. Alex Bambang Riatmodjo said the scandal might possess elements of a civil case, but it is still a criminal case.
"The police have been investigating this case based on Law No. 31/1999 on the eradication of corruption," Alex said.
"The suspects of this case can return all of the funds, but that does not mean this case will turn into a civil case. It is still a criminal case."
Article 4 of the Law states that the return of the missing state funds does not eradicate the criminal acts committed by the criminals.
Article 2 of the Law stipulates that those found guilty of having enriched themselves by causing a loss in state funds could be punished with a life sentence or 20 years in jail plus a maximum fine of Rp 1 billion.
The funds were reported to have ended up in the accounts of close associates of Suwondo, a masseur of President Abdurrahman Wahid.
The police have named three suspects in the scandal: Suwondo, former Bulog deputy chairman Sapuan and Yanatera chairman Mulyono.
Gus Dur
In a recent meeting with the Indonesian community in New York during his official trip overseas, the President said he had no idea about the Rp 35 billion loss in Bulog funds and added that the case was "a civil case of lending and borrowing".
"According to the police, it is (a case) of lending and borrowing on a civil basis. Suwondo has returned Rp 10 billion or something like that," Abdurrahman reportedly said.
Separately, City Police Chief Maj. Gen. Nurfaizi said on Monday that the police will go on with its plan to summon President Abdurrahman Wahid for questioning as a witness over the Bulog scam soon after his return from his official visit abroad.
"We have discussed the matter and I think Bapak President would have no problems (to meet the police summon)," Nurfaizi told reporters.
Nurfaizi said he had sent the letter to summon the President to National Police Chief Gen. Rusdihardjo.
He said that his office has not yet named the date for the questioning, saying that the decision would depend on his superior, Gen. Rusdihardjo.
The police had cleared the President from the scandal but they still need to question him to clarify the matter.
Rusdihardjo said on Saturday that police would firstly let the President rest for, say, three of four days, after his arrival before sending the summons.
"The President is an old man, too," Rusdihardjo said as quoted by Kompas.
The President is scheduled to return home on Wednesday from Egypt.
The coordinator of the independent watchdog Indonesian Corruption Watch, Teten Masduki, said the police must investigate this case according to Law No. 31/1999 and the courts must treat the case as a criminal one despite the return of embezzled funds.
"This is a criminal case," Teten said.
Agreeing to the comment, lawyer Henry Yosodiningrat said the return of funds did not mean that the suspects could go free.
"That is against the law. The return of the funds does not mean that the criminals should be allowed to go free," Henry said.
"A crime has been committed. The suspects must go through the due process of law in the Indonesian courts."
Jakarta Police detectives have collected money and seized property totaling about Rp 30 billion.
Besides the Rp 10 billion from Suwondo's wife, the police have also recovered Rp 5 billion in cash from Siti Farika, a Central Java-based businesswoman who is known to have close ties to the President.
Suko Sudarso, an executive of the Indonesian Democratic Party of Struggle, has returned a title deed for some property in West Java, which he said was purchased by Suwondo for Rp 15 billion.
The remaining Rp 5 billion went to Leo Purnomo, reportedly from Air Wagon (AWAIR) air freight company, whose whereabouts, such as Suwondo's, are also unknown. (ylt/08/07)