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)