Inquiry halted into Soeharto's charities

JAKARTA (JP): Acting Attorney General Ismudjoko said on Monday he had decided to stop the year-long corruption investigation into former president Soeharto for lack of evidence.

Ismudjoko told reporters after a meeting with President B.J. Habibie that the investigation into two of Soeharto's foundations found no evidence that the charity bodies violated any laws.

"Since our investigations did not find any evidence of corruption, I have ordered that the probe be discontinued in so far as the foundations are concerned," he added.

Soeharto founded and chaired four charity foundations -- Amal Bakti Muslim Pancasila, Supersemar, Dharmais and Dakab -- which raised funds from donations and state companies. But he handed over all the foundations, with total assets of Rp 5.7 trillion, to the government soon after he resigned in May 1998.

Ismudjoko insisted there was no evidence the two foundations were involved in corruption or misused the money they received from the public or from state companies.

The president, who will submit his accountability speech to the People's Consultative Assembly (MPR) on Thursday, did not make any comment, and his meeting with Ismudjoko lasted less than 10 minutes, an informed source said.

But the decision immediately aroused anger, frustration and disappointment among legislators, party leaders, lawyers and student leaders.

The ailing 78-year old Soeharto has been accused of using his power during his 32-year rule to enrich members of his family and close friends.

Many of the decrees Soeharto issued have been revoked on account of their corruptive purposes and many of the business contracts won by his family members have been canceled on charges of collusion and nepotism.

But Soeharto, who is still under the care of personal doctors at his Cendana residence, accepted the good news calmly, his lawyer Felix Tampubolon said.

"Tutut conveyed the message very carefully to Soeharto as his condition does not allow him to receive any surprises," Tampubolon said, referring to Soeharto's eldest daughter Mrs. Siti Hardiyanti Rukmana.

He said Soeharto whispered to his daughter that he surrendered to Allah and whatever decision taken by the government upon him, adding that he would always obey the law.

Golkar Party's chairman Akbar Tandjung said the decision, though legally right, would still leave a big question mark in the minds of the people.

"Obviously, this will also affect Habibie's chances in the Oct. 20 presidential election," Akbar said.

Marzuki Darusman, deputy chairman of Golkar and chairman of the party's faction at the MPR, said the decision completely perplexed him.

"But I assume the government has carefully considered the impact of the move, coming as it does just a few days before Habibie delivers his accountability speech to the MPR on Thursday," Marzuki said.

Separately, director of the Indonesian Legal Aid Foundation (YLBHI) Bambang Widjojanto said the decision to drop the investigation only strengthened the speculation that the Attorney General's Office had simply been play acting right from the start of the investigation.

"Ismudjoko's office had earlier made several public statements implying that there were some indications of abuse of power by Soeharto. But now the final decision is like this," Bambang said.

"I suspect the decision is also Habibie's move to secure legal protection for himself. He wants to wash his hands of the case if the new government wants to reopen it someday.

Big blunder

"Whatever the case, Habibie has made a big blunder by dropping the case against Soeharto," Bambang added.

Meanwhile law expert J.E. Sahetapy, who is also a House member of the Indonesian Democratic Party of Struggle (PDI Perjuangan) party, said he was skeptical about the investigation into Soeharto right from the outset.

"What kind of a country are we in now," Sahetapy told reporters at the MPR building.

Sahetapy was confident that the new government would reopen investigations into Soeharto and all other members of his family and cronies suspected of involvement in corruption, collusion and nepotism.

Hendardi, Chairman of the Indonesian Legal Aid and Human Rights Association, lambasted the decision as a complete absence of public accountability on the part of Habibie.

"The decision only strengthens the perception among the international community and organizations that the legal system, in Indonesia is entirely not credible," Hendardi pointed out.

Separately in Yogyakarta, a law expert at Gadjah Mada University, M. Mahfud, said although the decision could legally be justified it nonetheless hurt the people's sense of justice.

"That move will obviously make many people angry, given the fact that corruption is still thriving in this country," he told The Jakarta Post.

Kinam, a student activist leader in Surabaya, said "students have never believed that the Habibie administration was really serious about investigating the former authoritarian leader."

He said even if students flatly rejected the decision they would not take to the street to protest it.

"What is the use? It is better for us to move after a new government is formed. We will demand that an independent commission be set up to reopen investigations on Soeharto," Kinam added.

Kwik Kian Gie, a House member of the PDI Perjuangan faction, considered the government decision to be a mockery of law enforcement.

"It is clear that all the investigations made over the last eight months were simply a mockery," Kwik said, adding that if his party led the new government it would reopen investigations into Soeharto.

Anton Sujata, former deputy attorney general for special criminal cases, especially corruption, commented that right from the beginning the investigation process had been questionable.

"It has been clear from the outset there has never been any serious investigation into Soeharto," Anton added. (prb/emf/byg/44/vin)