House asks Legal Commission to study AG's writ
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)