Prospects Dim For Bringing Suharto to Justice

by Kafil Yamin

Indonesia's Attorney General Ismudjoko said on Oct. 11 that his office found no strong evidence of corruption: "I have reported to President B.J. Habibie that the investigation is through and this case was closed."

The decision -- coming before the election of Indonesia's next president resident Gus Dur on Oct. 20 -- sparked mixed reactions here.

Todung Mulya Lubis, a lawyer and human rights activist, declared: "This is a laughing stock. This is a snub to public common sense." He pointed to various cases of Suharto's past decrees favoring his families and cronies.

But another lawyer, Hotma Sitompoel, said it was time that a decision, whatever it is, is reached after more than a year of investigations ordered by ex-president Habibie.

"There should be (legal) certainty for anyone. After one year of investigation of Suharto, there should be a decision whether or not he (Suharto) must stand trial," he added.

Legal action against a son of Suharto also failed -- last month a local court threw out corruption charges against Hutomo Mandala Putra in a $13.4 million land exchange deal with the State Logistics Agency.

Hutomo, also known as Tommy, was the only member of the Suharto family to be prosecuted on corruption charges.

He believes that Habibie's desire to have his accountability speech, delivered October 14 and now being debated by the MPR (People's Consultative Assembly), is behind the decision by the attorney general.

In his speech, accompanied by street protests, Habibie defended his presidency since May 1998 by saying he saved the economy from total collapse and initiated democratic reforms.

"We have tried our best. I fully realize that we cannot resolve the crisis, which as an accumulation of damages and problems over so long a period of time, within 512 days," he said.

He then defended the closing of the Suharto inquiry, saying there was "not enough evidence to prove irregularities that caused losses to the economy or allowed an abuse of power by Suharto."

"Habibie's transitional government has a great deal of 'homework' to accomplish. And the one that draws public attention the most is Suharto's case," Witoelar argued. "So he finished the most difficult job but he failed to satisfy the public sense of justice."

Amien Rais, the newly-elected chairman of the MPR, said, "If the government thinks that (with the decision) it has fulfilled its important duty, it is wrong."

"With Suharto's case already being settled, the government has only done its job less than two percent," he told the press.

Golkar Chairman Akbar Tanjung said the government's decision to drop the high-profile corruption case had disappointed the Golkar party and the people.

Aberson Marle Sihaloho of PDIP: "We are afraid of violent upheaval... People believe there should have been no difficulty in collecting evidence whatsoever."

Estimates of the Suharto family's wealth range from nearly $2 billion to $15 billion, the figure reported by the U.S. magazine Time earlier this year. Suharto sued Time over its story on his family's fortune.

A major part of the Indonesian government's investigation focused on several foundations chaired by Suharto or his associates, though critics say the probe should have gone well beyond the foundations.

The foundations' funds came from companies who were required to hand over up to 5 percent of their profits as charity. But Ismudjoko said the evidence of corruption is "very very weak."

Even with an MPR agreement to accept Habibie's way of settling Suharto's case, hard times are far from over for the president, already criticized for being soft on the man who handed over power to him in May 1998.

As it is, the scandal over Bank Bali has dragged three of his ministers into police investigations and is a stumbling block for his presidential bid.

But doubt remains about the prospect for a thorough probe due to what critics say is the involvement of the so-called Team for Habibie's Success (THS), which worked to push his presidential bid.

"Baligate," as local media has dubbed the scandal, began with the dubious transfer of $80 million from the state-administered Bank Bali to the private firm PT Era Giat Prima as commission for its help in recouping 904 billion rupiah in interbank loans made to closed-down banks.

Amounts of money were then transferred to accounts belonging to Habibie associates, according to local media, and were reportedly used to finance the work of THS.

The World Bank and the International Monetary Fund have suspended funding over this and called for a probe by a foreign auditor. Habibie has denied any involvement in the scandal.

Indonesia's Supreme Advisory Council has hired the foreign auditor PriceWaterhouseCoopers to look into the case.