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