Golkar gets involved in ex-minister's legal case

JAKARTA (JP): The Golkar Party has formally joined the legal battle involving former minister of mines and energy Ginandjar Kartasasmita, who is accused of corruption, assigning a legal team to help defend the suspect.

Ginandjar's lawyer Muchyar Yara announced on Tuesday that Ginandjar's legal team had been strengthened by lawyers from the Golkar Party.

"In a meeting on Monday night, Akbar Tandjung, as the party chairman, decided to form a team of advocates to support Ginandjar," he said during a media conference at Pertamina Hospital.

"As one of the (Golkar) party's deputy chairmen and a deputy speaker of the People's Consultative Assembly, Ginandjar has the right to be defended," Muchyar said.

Lawrence T.P. Siburian from Golkar's Legal Information and Service Institution said the legal support for Ginandjar was aimed at upholding the law.

Lawrence also said the suspect's legal team would be bolstered by members of at least four other political parties' legal aid institutions. He said the parties were the United Development Party (PPP), the National Mandate Party (PAN), the Indonesian Democratic Party of Struggle (PDI Perjuangan) and the Crescent Star Party (PBB).

The Attorney General's Office named Ginandjar a suspect last week in a graft case involving state-owned oil and gas company Pertamina and oil company PT Ustraindo Petro Gas. The alleged graft reportedly caused the state US$24.8 million in losses.

The Attorney General's Office issued an arrest warrant for Ginandjar on Saturday, but the suspect has not yet been detained because he is ill.

Critics have accused the government of using the Attorney General's Office as a political tool to deliver a blow to Golkar by prosecuting high-ranking party members who served in former president Soeharto's administration.

Ginandjar's lawyers filed a lawsuit against the Attorney General's Office on Tuesday, accusing the office of illegally investigating and issuing an arrest warrant for their client.

The suit was filed with the South Jakarta State Court at 9:30 a.m. by one of Ginandjar's lawyers, O.C. Kaligis.

In the suit, the lawyers said the Attorney General's Office did not have the right to investigate Ginandjar because he was a retired Air Force vice marshal. As a retired military officer, they said Ginandjar must be investigated by the military police or a joint team of military personnel and civilians.

Because the investigation is illegal, so is the arrest warrant issued for their client, the lawyers argued.

Attorney General's Office spokesman Muljohardjo said on Tuesday filing such a lawsuit was a routine maneuver, and Ginandjar was acting within his rights in making this move.

"We are ready to face the suit. It is a matter of a difference of perception in how to implement the law," he said.

He said his office was investigating Ginandjar based on Law No. 3/1971 on combating corruption, particularly articles 25 and 26 on bringing active or retired military personnel to court.

Article 25 stipulates corruption cases involving military personnel and civilians are to be tried by a civilian court. Article 26 states the attorney general leads the investigation of such cases.

"Ginandjar was indeed a military officer when the case occurred. But he was also a minister, and the case is purely a civilian matter. Therefore, he is subject to a civilian court," Muljohardjo said.

However, he said that whether Ginandjar should be tried by a civilian or military court was not the main issue at this point. "The important thing is whether or not Ginandjar is fit to be investigated."

Muljohardjo said Ginandjar underwent more medical treatment on Tuesday after complaining about his throat, stomach and liver.

According to Muljohardjo, the Attorney General's Office believes the doctors at Pertamina Hospital, where Ginandjar has been receiving treatment, are acting appropriately. "We have no suspicion at all that they (doctors) are trying to delay the legal process."

Ginandjar has been treated at the hospital since Thursday, but doctors have refused to discuss his condition because of patient confidentiality rules. (hdn)