Govt plans amendment to anticorruption law

JAKARTA (JP): The government will submit an amendment bill on anticorruption, which will include the reverse investigation system, even though it has been opposed by some legislators at the House of Representatives, Attorney General Marzuki Darusman said on Thursday.

Marzuki told a meeting, attended by deputy House speaker Soetardjo Soerjogoeritno that the bill, which is being prepared by Minister of Justice and Human Rights Baharuddin Lopa, will be submitted in the near future.

He, however, declined to mention why the government had decided to prepare the review bill, instead of issuing a government regulation, to bring big-time corruptors to court.

"It's the government's decision," he said abruptly.

With such a decision, law enforcers, including the Attorney General's Office and the National Police, will not be allowed to bring corruptors to court until the review bill is passed into law.

Lopa said earlier that the government is likely to issue a government regulation, in lieu of the law, to allow law authorities to investigate those allegedly involved in corrupt and collusive practices, especially during the 32-year New Order era.

Numerous legislators, especially those of the Golkar Party, have protested the government's plan to issue the regulation, saying that it was aimed at jailing President Abdurrahman Wahid's political rivals.

Marzuki said the bill was prepared to review the 1999 anticorruption law which did not clearly regulate on the reverse investigation system.

"The bill clearly regulates the procedure on shifting the burden of proof from the prosecutor to the defendant so that in the future all corruptors can be brought to court," he said.

He said the review bill was also needed to enforce the 2000 MPR decree on the role of the Indonesian Military and that of the National Police.

"The bill also stipulates that servicemen who violate military laws will be prosecuted in a military tribunal, while those who breach the Criminal Code will be brought to a district court," he said, referring to the old Law No.3/1971 on anticorruption.

A legislator, who requested anonymity, criticized the government's decision to prepare the review bill, which will mean a delay of the prosecution for significant past corruptors.

"Such a decision will not be popular and contradicts the supremacy of the law and the public's demand for the prosecution of corruptors," he told The Jakarta Post.

The legislator said that ideally the government should prepare the regulation and the review bill simultaneously, both of which should contain shifting the burden of proof, so that by the regulation, the accused could be tried with the reverse system, while the bill is being deliberated by the House.

"By only preparing the review bill, both the government and the House are not committed to total reform and that includes the eradication of corruption," he said.

In a related development, Agun Gunandjar Sudarsa and Idrus Marham, two legislators of the Golkar Party, urged Marzuki to quit his job as well as his party membership, saying that he had been used by the President to preserve the status quo.

Agun said he was disappointed with Marzuki's action to arrest Ginandjar, calling the move an effort to jail the President's political rivals.

"It is strange that Marzuki seems determined to prosecute Ginandjar while he remains reluctant to prosecute the three troubled high profile businessmen. This means he enforces the law not for justice but for the President's personal political interests," he said.

Agun did not mention the three, but he was likely referring to Sjamsul Nursalim, Prajogo Pangestu and Marimutu Sinivasan.

Idrus concurred and said that Marzuki has not been serious in upholding the supremacy of law.

"Marzuki's performance has tarnished Golkar's image. It's better for him to quit the party," he said. (rms)