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)