Ginandjar's detention unlawful: Court
Ginandjar's detention unlawful: Court
JAKARTA (JP): Former minister of mines and energy Ginandjar
Kartasasmita immediately packed his bags on Monday after a court
ruled his detention unlawful, but prosecutors thwarted his
attempts to leave incarceration, pending further clarification on
the ruling.
As late as 11 p.m., Ginandjar's lawyers and officials at the
Attorney General's Office were still at odds over his release.
Lawyers argued that since the court had ruled that both the
investigation and detention were unlawful, Ginandjar should not
have been incarcerated in the first place and thus should
immediately be allowed to leave his cell at the Attorney
General's Office.
Lawyers told journalists that they would summon the police to
have those impeding his release arrested if he was not released
by midnight.
The South Jakarta District Court ruled on Monday morning that
all legal proceedings carried out before April 9 were unlawful
since a joint investigating team which included military
prosecutors and military police had not been established.
A 1983 joint decision between the Ministry of Justice and the
Ministry of Defense and Security requires that investigation and
prosecution of a military officer suspected of a crime involving
civilians be held under the auspices of a joint team with the
Attorney General's Office.
Judge Rusman Dani Achmad revealed to a packed court that the
key issue was the failure of the Attorney General's Office to
include the military police in its investigations before April 9.
It was only on April 9, which coincidentally was Ginandjar's
60th birthday, that the Indonesian Military appointed its team
which included the military police.
The court however did not rule on whether Ginandjar should be
immediately released.
Ginandjar is accused of abusing his power in his capacity as
the minister of mines and energy in several government contracts
between 1992 and 1995, allegedly causing some US$24.8 million in
losses to the state.
The case centers on the deals between state-owned oil and gas
company Pertamina and privately-run PT Ustraindo Petro Gas which
allegedly violated regulations on contracts regarding technical
assistance because they covered oil fields which were still
productive at that time.
Other suspects named in the case include his successor Ida
Bagus Sudjana, former Pertamina president Faisal Abda'oe and PT
Ustraindo director Praptono H. Tjitrohupojo.
Following his detention on April 6, Ginandjar filed an
objection to the court over the detention.
Ginandjar's lawyers also maintained that only the military
commander, as his immediate superior, had the legal authority to
arrest Ginandjar as a military officer.
Judge Rusman Dani, while concurring on Monday that the
investigation prior to April 9 was unlawful, maintained that
since Ginandjar had retired in 1996, the joint investigating team
did possess the authority to issue a detention warrant if
necessary.
"Although he was still an active military officer at the time
in question, the crime didn't have anything to do with the
military and didn't inflict any losses to the military," the
judge said.
After the ruling was issued, the Attorney General's Office
Director of Investigations Soedibyo Saleh nevertheless insisted
on Monday afternoon that his office would resume the
investigation and detention.
He further argued that the Office had yet to receive the
court's official consideration of the Office's ruling.
Head of the nine-member joint investigating team, state
prosecutor Barman Zahir, added that they would challenge the
ruling at the Supreme Court.
As midnight approached, Ginandjar's family patiently waited
outside the detention chamber.
A car full of Ginandjar's personal belongings, including a
fan, clothes, a reading lamp and a laptop computer, had already
been taken out of his cell and put into a parked car at the
compound, awaiting Ginandjar himself. (bby)