Sat, 04 Dec 2004

Susilo declines to suspend Puteh immediately

Muninggar Sri Saraswati Fabiola Desy Unidjaja, The Jakarta Post/Jakarta

While vowing to lead the fight against corruption, President Susilo Bambang Yudhoyono has declined to suspend corruption suspect Abdullah Puteh immediately, as ordered by the powerful Corruption Eradication Commission (KPK).

Minister of Home Affairs M. Ma'ruf said on Friday that the President would suspend the governor after the commission has indicted him.

"If the case file has already been handed over (to the court) and (Puteh) is declared a defendant, then the President will suspend him," Ma'ruf said after declaring his wealth to the KPK.

KPK sent a letter to President Susilo on Wednesday ordering him to suspend Puteh immediately. The commission sent a similar letter to former president Megawati Soekarnoputri in July, but Puteh, who has been accused of marking up the price of a Russian- made assault helicopter, was only stripped of his power as the administrator of Aceh's Civil Emergency.

Under Law No. 23/2002 concerning the KPK, the commission has the power to order the superiors of high-ranking state officials accused of corruption to remove such officials.

Ma'ruf said that Puteh would be stripped of all his powers once the KPK indicted him.

Separately, Chief Justice Bagir Manan said KPK would hand over Puteh's case file soon to the Central Jakarta District Court, which oversees the first anti-corruption court in the country.

Judges, who will hear the case, are expected to end their special training in corruption cases by Dec. 8.

"They could submit his case file anytime. They will register the case and as soon as the judges finish their training, it will be heard," he told reporters in his office.

KPK has named Puteh as a suspect for allegedly marking up the purchase of a Russian helicopter bought by the Aceh administration in 2001. The graft cost the state about Rp 4 billion (US$440,000).

Megawati, who promised to dismiss Puteh during a televised presidential campaign, did issue Presidential Instruction (Inpres) No.2/2004 requiring him to comply with the KPK probe into his graft case.

However, KPK considered the decree imprecise.

Article 12 (e) of Law No. 30/2002 concerning the KPK states that the commission has the authority to order the supervisor of a suspect to suspend him from his position.

Article 46 of the same law states that it replaces other specific laws concerning suspects who are state officials to ensure smooth investigation, meaning that the law on special autonomy (for Aceh) was not applicable in the case of Puteh.

The law on special autonomy requires the central government to secure approval from the local legislature before suspending a governor.

Puteh is continuing to perform duties as Aceh's governor. When Susilo visited Aceh as president for the first time two weeks ago, Puteh was the host.

In another development, Susilo signed more approval letters for police to investigate two regents and a legislator allegedly involved in various corruption cases.

Presidential spokesman Andi Mallarangeng said in a press conference here Friday that President Susilo had issued permits for police to question the South and West Halmahera regents, and a member of the House of Representatives from the Indonesian Democratic Party of Struggle (PDI-P).

"The announcement is to underline the President's commitment that he is in charge in the fight against corruption," the spokesman said.