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)