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)