Inquiry halted into Soeharto's charities

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Many of the decrees Soeharto issued have been revoked on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)