Law shifting burden of proof sought in war against scam

Law shifting burden of proof sought in war against scam

JAKARTA (JP): The House of Representatives Speaker Akbar
Tandjung has said the government should sponsor a bill on
shifting the burden of proof instead of just a issuing a
government regulation in lieu of a law.

"It would be better if the government proposed a law as it
would be stronger. The House will begin its new term on April 25,
and it wouldn't take long to debate the bill," Akbar said on
Monday.

Akbar said that according to the hierarchy of laws, it would
be difficult for a government regulation in lieu of a law to
supersede an existing law.

He further suggested that the government could submit the bill
on the new system of proof at the first House plenary session to
be held on April 25.

"So, the House and the government should discuss the form of
the regulation as soon as possible," Akbar added.

President Abdurrahman Wahid, in an ostensible effort to fight
rampant corruption, called last month for a shift in the burden
of proof which would require defendants to prove that they are
not guilty in corruption cases.

Currently, it is the prosecution that has to prove the
defendant guilty.

The government is to issue a new regulation to bring about the
change by the end of this month.

House Commission II deputy chairman Hamdan Zoelva echoed
Akbar's statement saying that it would be better if the
government proposed the amendment of the current Law No.31/1999
on corruption.

"I support the government's proposal because we do need a new
departure to deal with the rampant corruption, but a government
regulation in lieu of a law would only create a new legal
problem," Hamdan said.

The National Awakening Party (PKB)'s faction in the House
issued a statement on Monday, supporting the government's
proposal to shift the burden of prove, saying that it would be a
very effective tool in fighting corruption.

"It could take the form of a law or government regulation in
lieu of a law -- we won't make an issue out of the form of the
instrument," faction chairman Taufiqurrahman Saleh said at a
media briefing.

Meanwhile, former minister of justice and human rights Yusril
Ihza Mahendra said that the idea of reversing the burden of proof
had been discussed among legal experts for many years.

"But now, since President Abdurrahman Wahid has brought it to
the fore, it has become a hot issue," he told reporters after
delivering a speech at Yarsi University in Central Jakarta.

However, Yusril added, President Abdurrahman only brought up
the issue after the first memorandum of censure had been issued
by the House.

"I'm worried that it's only going to be used as a political
tool," he said without elaborating.

House member Agun Gunanjar Sudarsa was of the same opinion,
saying the government had raised the issue in order to maintain
its power by giving the impression that it was taking measures to
combat corruption.

"In my opinion, this proposal is only a government ploy to
prepare for the House's second censure of President Abdurrahman.
I think the House would welcome such a proposal, but we will
reject it if it is imposed in the form of a government
regulation," Agun, a member of Commission II for legal affairs,
said during a discussion on the issue.

Jimly Asshiddiqie, chairman of the Association of Indonesian
Muslim Intellectuals (ICMI), said a regulation in lieu of a law
would not provide a strong legal basis for combating graft.
(dja/bby/hdn)