Mahfud rebuts statement on past graft probe

Mahfud rebuts statement on past graft probe

YOGYAKARTA (JP): Minister of Defense Mahfud MD made another
controversial statement on Saturday, stating that "thorough
investigation" into past corruption cases is politically and
legally impossible.

"I think it's impossible to cope with past corruption cases in
the New Order era both politically and legally," he told a media
conference at Yogyakarta Garuda Natour Hotel.

The statement was in contradiction to his previous statement
last Tuesday that his revelation over the Rp 90 billion (US$9.5
million) fund of the State Logistics Agency (Bulog), which was
allegedly used to finance Golkar Party's electoral campaign in
1999, was aimed at promoting "honesty in politics".

Mahfud further suggested that the government and the nation
should reconcile with elements of the New Order regime by
establishing a commission for truth and reconciliation.

He said that the New Order regime's network of corruption
still maintained its strong grip in the current administration
and law enforcers, and "therefore those who were involved in the
past corruption cases would always find their way to avoid legal
proceedings".

He said that the anti-corruption Law No. 31/1999 would not be
able to jail those involved in the past corruption cases because
the regulation is not retro-active.

"Consequently, the current anti-corruption law will not work
for corruption cases which occurred before the law was enacted,"
he explained, adding that president (B.J.) Habibie's
administration should be blamed for this legal loophole.

Mahfud suggested that political reconciliation is essential
for all elements of the nation to end the current political
turmoil in the country.

Despite his earlier attack on the Golkar Party, Mahfud
reiterated on Saturday that Golkar was not identical to the New
Order regime.

"In my view, the New Order cannot be identified with a
particular organization such as Golkar. The New Order is more a
mental attitude," he said, pointing out that many central figures
in Golkar had moved to new political parties in the reform era.

However, Mahfud stressed that several scandals in which Golkar
was allegedly involved such as the "Buloggate" should still be
probed.

Supreme Court

Separately, legal observer Mulyana W. Kusumah suggested that
the former ruling party Golkar could only be dissolved by the
Supreme Court through judicial procedures.

He said the court was the only authorized institution to
process public demands for a certain political party's
dissolution due to the absence of a constitutional tribunal in
the country.

"At the beginning of reform era, there was a commitment to
adopt a multi-party system. The (political party) law stipulates
the procedures by which a party is severed, namely through a
trial that runs directly under the supreme court's supervision,"
said Mulyana, a former member of the government-sanctioned
election monitoring body.

Mulyana, however, said he was skeptical the supreme court was
able to bring the case to justice.

"What can we expect from the supreme court. It contributed
nothing to solving controversy over the legitimacy of the House
of Representatives special committee investigating two financial
scandals allegedly linked to the President," Mulyana said.

He further expressed concern about ceaseless political
conflict resulting from the mounting calls for Golkar's
dissolution.

"The anti-Golkar move will only worsen the conflict between
political elites. I believe Golkar supporters have prepared a
fight-back," he said. (44/har/edt)