Ruling on the reversal of the burden of proof urged

Ruling on the reversal of the burden of proof urged

JAKARTA (JP): Legislators on Wednesday hailed the plan to
issue a ruling on the reversal of the burden of proof in fighting
corruption, saying the system would be more effective in bringing
corruptors to court and establishing clean government.

Haryanto Taslam, a legislator of the Indonesian Democratic
Party of Struggle (PDI Perjuangan) at the House of
Representatives, called on the people not to respond negatively
to the government's plan to enforce such a system.

"Our faction and all its members are behind the government's
plan to enforce the new system because the existing law has been
ineffective in bringing big-time corruptors to court," he told
The Jakarta Post here on Wednesday.

He said the investigation into corrupt, collusive and
nepotistic practices in the past was one element of the reform
agenda that has yet to be thoroughly carried out by the
government.

The government's plan to enforce the new investigation system
has been opposed by some legislators, who accused the president
of trying "to calm down" his political rivals.

"Those opposing the planned enforcement of the new system are
against the spirit of reform and are considered to be protecting
corruptors who have stolen the people's money," said Haryanto.

Separately, chairman of Golkar Party faction Syamsul Muarif
said his faction had no objection to the new system, provided
that its enforcement be indiscriminately upheld.

"Let law enforcers bring Golkar figures, including (former
minister of mines and energy) Ginandjar Kartasasmita, to court,
but equally, they should deal with alleged corruptors of other
political parties," he said.

He said his faction would have no objection if Golkar
officials were tried, but insisted that the prosecution be held
in compliance with the existing procedures and all officials in
the current regime allegedly involved in corruption cases should
also be investigated.

"If necessary, Gus Dur should provide a good example by
proving his innocence in the (State Logistics Agency) Bulog
scandal and the scandal over a personal donation from the Sultan
of Brunei," he said.

Amin Aryoso, chairman of the House of Representatives
Commission II on home and legal affairs, asked the government to
issue a regulation in lieu of the law on the proposed reversal
immediately, while the review of the 1999 law on corruption was
underway.

"If the government is committed to creating clean governance
as stipulated by 1999 MPR Decree No. XI, it should issue a
regulation on reversing the burden of proof so that
investigations into corruption cases can be carried out
immediately," he said.

He said the House and the government should review the
existing corruption law to adopt the new investigation system and
the establishment of ad hoc trials for corruption cases.

"The reverse investigation system and ad hoc trials of
corruption cases must be inserted into the law if we are
committed to fighting the corruption that has reached an alarming
level in the country," he said.

Amin also suggested the establishment of a truth and
reconciliation commission to handle out-of-court settlements for
corruption cases.

"The commission, whose members should be recruited from among
independent religious figures, retired judges and prosecutors,
will retain state assets acquired through corruption and take
reconciliatory measures against corruptors.

"It is an alternative solution for corruptors. Any corruptors
ready to return to the state, say, 90 percent of the assets they
had obtained through corruption, would be freed from all
charges," he said.

Separately, the Forum for the Study of Action and Democracy
(Fosad), called on the government to continue the investigation
into a number of corruption cases in the past to force corruptors
to return a larger proportion of their corruptly acquired assets
to the state.

"The Attorney General's Office must not stop its investigation
into Muhammad 'Bob' Hasan and Ginandjar Kartasasmita. It must
also probe other former officials and businessmen who developed
their businesses through collusion with the New Order regime,"
Faisal Riza Rachmat, chairman of Fosad said on Tuesday. (rms)