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JUNE 2, 2000 VOL. 28 NO. 21 | SEARCH ASIAWEEK Open But Not Shut Are recent investigations about justice -- or about politics? By JOSE MANUEL TESORO Jakarta ALSO: Waiting for Wiranto After two years of delays, false starts and even an outright cancellation, Indonesia's most-watched investigation is inching toward a conclusion. On May 19, Indonesia's attorney-general, Marzuki Darusman, announced that former president Suharto will be charged with corruption and abuse of power. The 78-year-old ex-ruler has been legally restrained from leaving the capital since the beginning of the month. On May 22, Darusman announced that the ex-president would be transferred to a state safe house to prevent further clashes between his security detail and protesters. Despite dithering on the economy and having to deny accusations of corruption within his circle, President Abdurrahman Wahid seems to have set a clear direction in at least one matter: exposing those responsible for past violations.
Before he became president, Wahid had often spoken of his commitment to establishing the rule of law in Indonesia. But Wahid would not be Wahid if by making a philosophical point he did not also win a political advantage. The investigations largely involve Suharto and the military. They thus keep potential, and powerful, rivals occupied and off-balance. The day he was grilled over East Timor, Wiranto confirmed that he would resign his position as a minister in Wahid's cabinet. (Officially, the East Timor case had resulted only in his suspension not dismissal.) Despite his publicly stated intention to pardon Suharto in exchange for some of his family's allegedly ill-gotten assets, Wahid has been pressuring Darusman to go after the ex-president. In one recent meeting, says a source, Wahid chided the attorney-general for his inaction, pointing to his own decision to remove Wiranto. The president reportedly joked: Get him first - "the law can come later." One criticism lobbed against the investigations is that they are intended more to assuage popular demands, or achieve political ends, than to institute real justice. "If they are really serious," says Joncy Jonacta Yani, one of the victims of the 1996 raid on Megawati's party, "then the police headquarters would be empty because everyone was involved." As soon as the Aceh verdict was announced, human-rights activists were asking why high-ranking officers such as the regional commander or even Wiranto were not asked what they knew about the murders. The inquiries, says Australia-based Indonesia observer Arief Budiman, are partly intended "to accommodate political pressure." The biggest obstacle, he says, is "the weakness of the government. The network of the old regime is still strong." More alarming is the absence of any investigation into economic infractions. The same day Darusman announced he would bring charges against Suharto, his office revealed that it had stopped looking into the $1.18-billion Texmaco scandal. In December, Marimutu Sinivasan, the textile company's well-connected president-director, admitted to using millions of government pre-shipment credit to pay down debt and expand his business. As a result, exposure by state banks and the Indonesian Bank Restructuring Agency to Texmaco debt came to about $2 billion. In explaining the decision to halt the investigation, an official from Darusman's office said that "Texmaco has not been proven to have damaged state finances." It is probably easier for Wahid to take the military to task, since there exists a broad, multipartisan consensus for getting the generals out of politics. But it is a lot harder for him and his government to bring to book businessmen and bad debtors, not least because many of them have been able to hang on to the money and assets that can be used to secure influence, as well as political or legal protection. Even in Wahid's investigation-mad Indonesia, justice may still depend on the right connections - and the right politics. Waiting for Wiranto These days, the former military chief spends his time at social occasions, where he appears relaxed and smiling. Only when he has to prepare for his defense in the East Timor case, says an aide, does his tension and stress surface. The current rounds of interrogation are the latest reason given by his staff why, despite an agreement three months ago to be interviewed by Asiaweek, Wiranto cannot confirm a time for a meeting. The agreement concerned Asiaweek's March 3 issue, which featured an investigative report into accusations that a Wiranto rival, ex-special forces chief Prabowo Subianto, had masterminded the May 1998 riots that led to Suharto's downfall. Wiranto (pictured) said then that he would respond to our questions about his side of that story, as well as the violence surrounding the 1999 East Timor referendum. We reported this to our readers. But Wiranto has since been impossible to nail down. An aide says that Asiaweek's faxed list of detailed questions were used to help prepare him for expected trial cross-examination. Another assistant says that there is now a heap of requests for interviews from the press. None has been granted. As for Prabowo, he has returned to Jakarta, though he says he still spends most of his time conducting business deals abroad. On May 9, he called a press conference to deny a comment by President Abdurrahman Wahid that he had killed 100 people in the province now called West Papua. Attorney-General Marzuki Darusman has urged the national police to launch an inquiry into the May riots. He says it is not fair to lay the entire responsibility on Prabowo, since others may have been involved. But the only way to really find out, he says, is to start an investigation. Write to Asiaweek at mail@web.asiaweek.com
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