House asks Legal Commission to study AG's writ
JAKARTA (JP): The House of Representatives asked the House Commission II on legal and home affairs on Wednesday to study the Attorney General's summons on the special committee's members investigating two financial scandals allegedly involving the President.
"We agreed to give the matter to the House commission II as they are allowed to ask clarification from the Attorney General's Office about the summons letter before we respond to it," the House Speaker Akbar Tandjung said.
After a closed-door meeting with the House deputy speakers, Akbar said it should be clarified first in what position the legislators are being summoned as they all have legal immunity while performing their duty as legislators.
"All special committee members were using their legislative rights of investigation on the scandals, so they have immunity and cannot be summoned in regards to the case," he remarked.
He said President Abdurrahman Wahid has provided the permit for the attorney general to summon the 50 legislative members of the special committee, but the House will wait for the recommendation from Commission II on the matter.
The House alleged that the President played a role in the scams after its four-month inquiry into the fraudulent withdrawal of Rp 35 billion belonging to State Logistics Agency (Bulog) employee foundation and of US$2 million in humanitarian aid he accepted from the Brunei sultan.
The inquiry result provided the House with a basis to censure the President and to recommend that a legal process follow its report. The cases are currently being tackled by the Attorney General's Office and the National Police.
On Monday, Attorney General Marzuki Darusman said questioning the legislators was a prerequisite for a legal proceeding, and insisted that they should meet his office's summons because their testimony was needed in order to complete the investigation into the cases.
Marzuki said the summons would not be sent in the near future, but the legislators would be the first in line for questioning.
Five major factions at the House then recommended that faction members defy summonses for questioning.
The factions represent the Indonesian Democratic Party of Struggle (PDI Perjuangan), the Golkar Party, the Crescent Star Party (PBB), the United Development Party (PPP) and a coalition of National Mandate Party (PAN) and several minor Muslim-based parties.
Separately, the National Ombudsman Commission Chairman Antonius Sujata concurred saying that the legislators should comply with the summonses if they want the attorney general to follow up the case.
"The legislators gave the report to the Attorney General's Office. If they do not want to give further explanation then how will the attorney general follow up the report?" Antonius said on the sidelines of a seminar here.
"Besides, the law obliges anyone to fulfill a summons from the Attorney General's Office," he added.
Constitutional law expert Satya Arinanto said the attorney general should summonses the witnesses of the scandals as mentioned in the special committee's report first, rather than the legislators.
"They (legislators and witnesses) should all be summoned, but the attorney general should starts with the witnesses, because they have a connection with the scandals, not the legislators," Satya said.(dja)