Govt plans amendment to anticorruption law
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)