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)