Legal status of investigation of Ginandjar questioned

Legal status of investigation of Ginandjar questioned

JAKARTA (JP): The South Jakarta District Court began on
Tuesday the hearing over the legal status of Attorney General
Marzuki Darusman's investigation of former minister of mines and
energy Ginandjar Kartasasmita for his alleged involvement in
corruption.

Ginandjar's lawyers asked the court to declare the current
team of investigators unlawful since they do not have the
authority to probe Ginandjar, who was an active military member
during the time in question.

"We can prove that the investigation is unlawful, and so is
the arrest on Ginandjar," lawyer Muchyar Yara, who led the
defense team, told the court.

"The one who has the right to arrest the plaintiff is the
military commander, the plaintiff's superior. This fact is
admitted by the accused, which is proved by their letter to the
military commander on March 30 requesting an arrest warrant for
the plaintiff."

The lawyers said that the investigation should have been
carried out by a permanent joint team which included military
prosecutors, military investigators and police investigators.

The plaintiff's legal team, who include three lawyers from the
military legal aid division, also questioned why the Attorney
General's Office did not deduct the time Ginandjar was
hospitalized from the detention time.

Although the arrest warrant on Ginandjar was issued on March
31, the 20-day detention was only effective from April 7 when
state prosecutors removed the retired Air Force vice marshall
from the Pertamina hospital to the Attorney General's Office
detention chamber.

Ginandjar is accused of abusing his power in his capacity as
the minister of mines and energy in several government contracts
in the period between 1992 and 1995 which allegedly caused some
US$24.8 million in losses to the state.

Ginandjar was minister from 1988 to 1993 and later was
assigned as the coordinating minister for the economy, finance
and industry for the next five years. He retired as a member of
the military in May 1996.

The case centers on the deals between state-owned oil and gas
company Pertamina and privately-run PT Ustraindo Petro Gas which
allegedly violated regulations on contracts regarding technical
assistance because they covered oil fields which were still
productive at that time.

The state prosecutors representing Attorney General Marzuki
Darusman, led by Barman Zahir, affirmed that the Attorney
General's Office had the authority to probe the case and to
detain Ginandjar.

He said that Ginandjar allegedly committed the crimes when he
was in a civil position, not a military one.

"Moreover, the letter we sent to the military commander did
not request his permission but notified him that Ginandjar had
claimed that he was an active military member during the time in
question," Barman told reporters after the hearing.

Ginandjar was not present in the hearing, which was packed
with visitors. Outside the court building, dozens of people
staged a demonstration, demanding the court thoroughly combat
corruption.

Presiding Judge Rusman Dani Achmad postponed the hearing until
Wednesday to hear more of the prosecutors' statements and from
expert witnesses. (bby)