Tue, 26 Oct 1999

Lawyers urge reopening of Soeharto's case

JAKARTA (JP): Two groups of lawyers demanded the South Jakarta District Court on Monday revoke a decree issued by the Attorney General's Office two weeks ago, which stopped of a year-long investigation into alleged corruption by former president Soeharto for lack of evidence.

In separate first hearings, Indonesia's Law Defenders Team (TPHI) and the Forum for Lawyers and Defenders of Law, Justice and Democracy (FPPHKD) said the decree was against the spirit of People's Consultative Assembly (MPR) Decree No. 21/1998 which fosters an anticorruption, collusion and nepotism drive in the country.

The groups of lawyers also asserted the decree was invalid since the office had yet to tip the former strongman as a suspect.

According to TPHI, former president B.J. Habibie, who replaced Soeharto in May last year, had ordered the Attorney General to investigate the alleged corruption committed by his predecessor regarding the operation of Soeharto's charities, namely Dharmais, Supersemar and Dakab.

During his tenure, Soeharto had urged some state enterprises to contribute 5 percent of their profits to his charities.

"The MPR decree stipulates that eradicating corruption, collusion and nepotism must be carried out for anyone, including former president Soeharto," said Victor Nadapdap, one of the 12 TPHI members.

The hearing was presided over by judge T.H.S. Pardede, with the Attorney General's Office represented by four lawyers, including Chairuman Harahap and Suriansjah.

In the letter of defense, the Attorney General's Office lawyers said TPHI had no competency to file such a lawsuit since they were not subjects of the case.

"TPHI are not the victims, and also they don't have judiciary relations with the alleged criminal case committed by the former president," said the Office's lawyers.

In a separate courtroom, representatives of 23 lawyers grouped under FPPHKD said the Attorney General's Office had conducted an investigation lasting only 10 days before issuing such a decree without mentioning the former president as a suspect.

"It's a premature move, and it has brought anxiety to people. It also betrayed the MPR decree," the lawyers said.

The Office's lawyers, who were the same used for the first session, said in their letter of defense that the existing law did not rule the days of the investigation.

"It's not a great deal mentioning someone as a suspect or not. The important thing is how to find evidence, which can lead to find the suspect later," lawyer Chairuman told the court.

Soeharto's lawyers, including Juan Felix Tampubolon and M. Assegaff, who also attended the trial, said FPPHKD had carried out wrong procedures in the trial.

"The lawyers must file a request letter to the chairman of the South Jakarta District Court, instead of filing a lawsuit to the court," said Juan.

Both judges adjourned the trial sessions until Tuesday to hear testimony from witnesses. (asa)