Team find manipulation of decrees

Team find manipulation of decrees

JAKARTA (JP): At least 79 out of 528 presidential decrees
issued between 1993 and 1998 were legally and materially
manipulated to benefit certain parties, according to a study by
the Indonesian Transparency Society's legal team.

When revealing the findings on Friday night, the team's
chairman Koesnadi Hardjasoemantri said: "The decrees were used to
legitimize abuses of power so that such abuses had legal
protection and could be perpetrated over a long period of time."

Such decrees were often inconsistent with existing
legislation, he said.

"The objectivity in the process of their drafting is doubtful
because many close relatives of then president (Soeharto)
benefited (from them)," he said in the statement.

The transparency society is chaired by Mar'ie Muhammad, a
former finance minister in Soeharto's government. Mar'ie,
however, was absent from last night's presentation.

On hand at the presentation were Prasetyo Suhardi, a member of
the society's board of founders, Marzuki Darusman and Sabam
Siagian -- both deputy chairmen of the society -- Sri Mulyani
Indrawati and secretary-general Erry Riyana Hardjapamekas.

Koesnadi said some of the decrees which benefited Soeharto's
children included those on toll tariffs (1994), on private
refineries (1997) and on the development of Jonggol in Bogor,
West Java (1997).

In terms of their content, Koesnadi said that 46 decrees went
beyond their jurisdiction. Of the 46 decrees, 11 ruled on issues
which should be governed by laws or government regulations; 32
dealt with technical matters which should be regulated by lower-
ranking regulations such as ministerial decrees; two decrees
ruled on matters which should have been covered by gubernatorial
decrees; and one decree bypassed the judicial power.

Koesnadi also cited two presidential decrees which when
implemented inflicted substantial losses upon the state and
society. They were Decree No.93/1996 which gave financial
assistance to PT Kiani Kertas, a company owned by Soeharto's
long-term golfing buddy Mohamad "Bob" Hasan, and Decree No.
42/1996 which exempt PT Timor Putra Nasional from paying tax and
duties on imported cars. The latter company was owned by
Soeharto's youngest son Hutama Mandala Putra.

"If we look into the process of their drafting, there is an
indication of abuse of power and excessive use of power," he
said.

He said the issuance of manipulated presidential decrees
demonstrated the excessive power wielded by Soeharto. This, he
said, had eroded respect for the legal system in a society which
became accustomed to seeing the rule of law and the course of
justice perverted on a regular basis.

The transparency society suggested that the current government
review or annul presidential decrees found to be detrimental to
the interests of the nation and made on an incorrect founding. He
also said the House of Representatives should empower itself to
exert effective control over the government and that the People's
Consultative Assembly should revise its ruling on the sequence of
steps required to issue new legislation in the country. (afs/rid)