House attacks govt over antigraft bill
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Other legal experts have criticized the outdated Corruption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)