Habibie exempt from being questioned: Adviser

Habibie exempt from being questioned: Adviser

JAKARTA (JP): Senior constitutional law expert Ismail Suny
said on Monday that presidential privilege exempted President
B.J. Habibie from questioning on alleged corruption by Soeharto
until he left office.

"By theory, he's a Soeharto's crony, so he can be grilled
also. But not as long as he's still president. As president, he
only bows to the People's Consultative Assembly (MPR)," Suny,
also a political adviser to the President, told journalists after
addressing talks on political bills.

Habibie could only be questioned by the Attorney General's
Office after being stripped of his presidential powers by the
People's Consultative Assembly (MPR), the law professor of the
University of Indonesia said.

The attorney general is a state official appointed by the
President and this ruled out questioning, he added.

"Why, Habibie could even discharge the attorney general (Andi
M. Ghalib) if he doesn't like his way of investigating Soeharto,"
Suny contended.

He told participants of the discussion that he had warned
Habibie to seriously carry out the MPR decree touching on alleged
corruption, collusion and nepotism of former president Soeharto
and his cronies.

"Habibie's accountability will be asked for by the MPR if he
fails to perform the task given to him, and for failing in these
tasks, he could even be discharged by the MPR."

Suny's comments came a day after Habibie said he was willing
to be questioned by the Attorney General's Office in connection
with the probe into his mentor.

"As a former research and technology minister, President
Habibie will be ready to give information needed by the Attorney
General's Office related to the investigation of former president
Soeharto," Minister/State Secretary Akbar Tandjung was quoted by
the Media Indonesia as saying on Sunday.

Habibie is expected to be questioned about a Soeharto decree
which allowed state-owned Nusantara Aircraft Industry (IPTN) to
use the government's reforestation fund.

Since leaving office in May, Soeharto has been under the
spotlight for allegedly amassing a US$4 billion fortune during
his 32-year rule -- which he has persistently denied.

Soeharto and several of his cronies are also being examined
for alleged malfeasance in use of funds from social foundations
he once chaired.

Suny suggested on Monday that Soeharto would be better off if
he split his wealth "50-50" with the state to bring a simple
resolution to what promised to be a lengthy investigation.

He said Soeharto could still be charged for other crimes such
as the controversial petrus, the mysterious spate of killings of
suspected criminals in the early 1980s.

Suny said Soeharto admitted his responsibility in the killings
in his authorized autobiography, Soeharto: Pikiran, Tindakan dan
Ucapan Saya (Soeharto: My Thoughts, Sayings and Deeds). Soeharto
contended the government resorted to the measure "because the
criminals had acted beyond any sense of humanity".

Suny said the killings constituted violations of the law.

Meanwhile Director General of Immigration Pranowo said in the
East Nusa Tenggara capital of Kupang that Soeharto was not banned
from traveling overseas, Antara reported on Monday.

Also on Monday, the Attorney General's Office questioned Said
Hussein -- a treasurer of Dakab, one of the foundations Soeharto
headed -- on the fund collection by the foundation.

Hussein said collection of the funds, which many believed were
used to support the ruling Golkar political grouping, were done
on a "voluntary" basis since 1985, Antara quoted him as saying.

Hussein also said funds channeled to Golkar depended on the
latter's proposals. He said last March, for instance, Dakab gave
Golkar Rp 500 million ($67,000).

Also questioned were Mujiono -- executive director of PT Timor
Putra Nasional, the company which received a slew of tax breaks
and privileges to produce the "national car" owned by Soeharto's
youngest son Hutomo "Tommy" Mandala Putra -- and businessman
Ricardo Gelael, the news agency reported.

The latter was questioned on alleged corruption involving
Tommy and the former chairman of the State Logistics Agency
(Bulog), Beddu Amang. Tommy and Beddu have been named suspects in
a business tradeoff. (aan)