Dropping of charges against Kim defended

Dropping of charges against Kim defended

JAKARTA (JP): The government is defending its policy of
dropping criminal charges against textile tycoon Kim Johanes
Mulia, but insists on pressing administrative charges.

Deputy Attorney General for Special Crimes A. Soetomo said
yesterday that Kim was responsible only for falsifying export
documents and could be faced only with administrative fines.

Kim's case will be transferred to Bank Indonesia (central
bank), which has the authority to fine him and block his access
to bank credit if they find him guilty, he said.

"We have concluded that ... Kim was only responsible for
falsifying some export documents and could only be forced to pay
administrative fines," Soetomo told reporters.

Kim, who has been under investigation for more than six
months, was accused of falsifying some Rp 15 billion (US$6.8
million) worth of export documents and collaborating with
government and bank officials to do so.

"We did not have enough evidence to press criminal charges
against Kim," Soetomo added.

Soetomo was responding to criticism raised by several noted
legal practitioners over Attorney General Singgih's recent
announcement of Kim's exemption from criminal charges.

Singgih announced the decision during a hearing with
Commission III of the House of Representatives last week. He said
that Bank Indonesia could not ascertain the exact amount of
losses inflicted by Kim's action.

Singgih told legislators that Kim, owner of PT Detta Marina,
has already repaid all his debts plus interest, which totaled Rp
16 billion (US$7.3 million).

Singgih said the state suffered no financial loss because the
amount in question had been paid, therefore, the Anti-Corruption
Law could not be imposed and Kim was only required to pay
administrative penalties.

Criticism

The attorney general's announcement has provoked criticism
from various quarters, but also received support from some law
practitioners.

On Monday, Harkristuti Harkrisnowo of the University of
Indonesia's School of Law said that repaying the state's money
does not eliminate one's crime.

"Kim must also account for his crimes. It would be too easy
for him if he is released just like that," she said.

Law practitioner Henry Yosodiningrat said it was too hasty to
drop the criminal charges against Kim because the public was
already aware of his export manipulation.

"Kim can still be charged with forgery," Henry said.

According to Soetomo, the administrative penalty is stated in
Circular No. 247 released by Bank Indonesia. The circular covers
not only practical regulations for export drafts, but also
penalties for violations of the regulations.

The articles in the circular, he said, state that the
government endorses three types of punitive administrative
actions for violations of the law similar to Kim's actions.

He said anyone found guilty under the regulations can have his
name put on the central bank's black list and be required to pay
administrative fines.

In this case, the government will not revoke Kim's exporting
license because Kim has repaid all his debts, he said.

Soetomo denied that the central bank's circular overrules the
1971 anti-corruption law, on which allegations that Kim's actions
were criminal were based.

"The central bank's circular does not rule on the anti-
corruption law, but only specifies certain points of law," he
said. (imn)