Investigation of Soeharto
Investigation of Soeharto
From Republika
There is no need to set up an independent commission to investigate former president Soeharto's wealth. The commission cannot possibly be charged with the task of investigation or prosecution, let alone activities related to a trial. Indonesia does not have a grand jury system like America does. However, we have institutions such as the National Police, the Attorney General's Office and the state judiciaries for those purposes.
Our law does not allow an individual to meddle with the process of a trial. If a commission is established at all, its task would be limited to fact collection only. The prosecutors would receive the facts as a report from the people, which would be supplementary to the material already available at the Attorney General's Office. So the commission's work would be inefficient and could only be regarded as redundant.
The President's instruction to the attorney general to investigate, prosecute and bring Soeharto to court is more of a commendable measure. The President has the right to take this measure because, according to Law No 5/1991 and Presidential Decree No 55/1991, the attorney general is the highest prosecutor, appointed and discharged by and responsible to the President.
As an investigator, the attorney general should have the initiative to take any necessary measures immediately after receiving reports or suspicions of corruption. The necessary measures (as stipulated in the Criminal Code) to be taken in conducting investigations are, among others things: arrests, detention, examination, searches and confiscation. An arrest warrant can be issued on someone who is strongly suspected of committing a criminal act based on sufficient initial evidence.
On May 21, Soeharto resigned from the presidency in the wake of public pressure. Now he is no longer president and has become a common citizen. The law does not know the culture of reluctance nor the sense of socially ethical leniency toward an ex-boss in terms of someone's previous position.
The most important thing in conducting the trial of former president Soeharto is the personnel linked to the investigation, prosecution and the panel of judges. They should comprise figures whose impartiality is guaranteed, have a high respect for the law and be immune to outside pressure. Failure in this respect can be regarded as a gross violation of the law.
H. AGUS DJAMIL
Law observer