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)