House attacks govt over antigraft bill
JAKARTA (JP): Legislators unanimously demanded on Thursday the government clarify why there were restrictions on a clause in the antigraft bill putting the onus of proof on the accused.
In a resumption of deliberations in the House of Representatives, they questioned the failure to apply it to all cases.
"No investigators or prosecutors would be needed to prove a suspect (is guilty), if we adhere (to the system)," United Development Party (PPP) spokesman Zain Badjeber said of the method, known as "reversed prosecution".
The Muslim-based party has repeatedly demanded the system replace the conventional tenet on presumption of innocence.
Citing a legal expert's opinion, PPP said the system would be an effective corruption deterrent because people would fear the huge burden of proving their innocence.
"Put another way, suspects will be found guilty if they fail to prove they are clean," the legislator asserted.
An addendum to the bill states: "The law applies in restriction to a reversal of the burden of proof in a certain case and also in the case of seizure of results of corruption. Nevertheless, prosecutors still have to prove a corruption case."
In its statement read by Dalam Sinuraya, the Armed Forces faction criticized the bill for falling short in defining the reversed prosecution system. It said it rendered the bill ineffective in preventing graft.
Golkar and the Indonesian Democratic Party (PDI) also raised the same concern in statements read by Sajid Soetjoro and Dyatmiko Soemodiharjo.
PDI recommended reintroduction of the recording of officials' wealth before and after their terms in office as a corruption deterrent.
It also would assist law-enforcement officers in investigating corruption allegations, it said.
Debate
Debate over whether the country should apply the reversed prosecution method for corruption cases has simmered in recent years.
Some legal experts contend the system contravenes the principle of presumption of innocence presently applied.
Other legal experts have criticized the outdated Corruption Law No. 3/1971 which the government-sponsored antigraft bill seeks to amend.
The bill was submitted amid the investigation into alleged corruption of former president Soeharto and his associates. Many have slammed the Attorney General's Office for perceived foot- dragging in the probe.
Attorney General Andi M. Ghalib said on Thursday his office was continuing its investigation into Soeharto.
"We are still completing the investigation, we still have to find evidence whether there has been corruption or not," Ghalib said after installing a number of chiefs of provincial prosecutor's offices.
He also said his office would soon make public disclosure on its findings, but did not specify the date.
President B.J. Habibie instructed Ghalib in December to complete the investigation of his former mentor before the June 7 elections. (byg/aan)