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Jakarta corruption trial aimed at reassuring foreign investors
By John Roberts
26 March 2002
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One of Indonesias most prominent political figures, Akbar
Tandjung, speaker of the House of Representatives (DPR) and chairman
of the Golkar party, went on trial yesterday in Jakarta on corruption
charges. Politically a lot is riding on this prosecution for the
administration of President Megawati Sukarnoputri.
Tandjung and others are accused of misappropriating $4 million
from the State Logistic Agency (Bulog) for the partys 1999
election campaign. The money, which was intended for the relief
of the poor, was allegedly siphoned into a foundation and then
passed on to Golkar figures. Golkar was the ruling party under
the Suharto junta and retains close connections to the military
and state bureaucracy.
The significance of the Tandjung trial does not lie in the
amounts of money involved. Over the course of 30 years, the Suharto
family amassed a huge fortune of around $45 billion by exploiting
its political connections. Bulog and similar state bodies have
long served as milking cows for figures associated with the Suharto
regime. Former Bulog chief Rahardi Ramelan is on trial on similar
charges to Tandjung.
The importance of the case for Megawati lies in its ability
to demonstrate to foreign investors that a reform of the countrys
legal system is underway. It explains the unusual haste in bringing
Tandjung before a court. His indictment was announced only one
week after he was detained and his trial date four days later,
before his lawyers had time to seek his release on bail.
Megawati is under pressure from the International Monetary
Fund (IMF) to implement far-reaching economic restructuring measures,
including changes to the judicial system. The concern is not,
of course, the abuses of democratic rights that occurred under
Suharto but rather the demands of international investors for
tougher legal proceedings to create a level playing field
for all businesses, local and foreign.
The corrupt and nepotistic methods that served international
investors well for three decades under Suharto have become an
obstacle to the highly global capital flows that developed in
the 1980s. In the course of the Asian economic crisis in 1997-98,
the IMF seized on the opportunity to insist on a battery of economic
reforms in Indonesia and throughout the region. Suhartos
failure to respond quickly enough was the prime reason why the
US and other major powers supported his ouster. Some restructuring
measures have been implemented by Suhartos successors but
not sufficient for international investors.
The legal system came under particular scrutiny following the
case of the Canadian-based Manulife insurance company in 2000-2001.
After buying out a bankrupt local partner, the insurer was hit
with a bogus claim on its newly-acquired assets. Instead of its
interests being protected by the local courts, the company found
its executives threatened and its Indonesian vice-president jailed
for three weeks.
As a result, the trials of Tandjung and other high profile
figures are being watched closely. The Australian Financial
Review, for instance, commented: If charges are laid
against Akbar, one of Indonesias biggest political fish,
it will send a shock wave through Jakartas elite who have
hitherto been largely untouchable on corruption issues. If he
is convicted, as all the evidence suggests he should be, there
will be a political earthquake which will shake the Golkar Party.
Megawati is desperate to attract foreign investment which has
all but dried up in the wake of the Asian economic crisis. The
Jakarta Post reported recently that the firm Political
and Economic Risk Consultancy had rated Indonesia as the most
corrupt economy in Asia. Calpers, the California state retirement
fund, has announced it will stop investing in Indonesia because
of political and social instability.
Jakarta also faces a meeting of the Paris Club of donors and
international financial institutions next month, at which its
economic record will be closely inspected before its request to
roll over $5 billion in debt is acceded to.
So the trial of Tandjung, along with that of Suhartos
youngest son, Tommy, has come at a convenient time. Tommy Suharto
was originally convicted in September 2000 of defrauding Bulog
of $11 million but he went on the run. Last year his appeal, on
the rather dubious grounds that he knew nothing of the fraud,
was upheld. But he faced court last week, charged with the murder
of the judge who brought down the initial conviction.
Political manoeuvres
Megawati is clearly hoping that the conviction of Tommy Suharto
and Tandjung will appease international investors and the IMF.
The first case would put a member of the Suharto family behind
bars for the first time. Attempts to begin legal proceedings against
his father collapsed when the court ruled that he was too sick
to stand trial.
The second would jail the leader of Golkar, which, despite
Suhartos fall, remains a powerful factor in Indonesian politics.
In the 1999 elections, Golkar was able to use funds and its well-established
political apparatus to remain the second largest party in parliament
after Megawatis Indonesian Democratic Party-Struggle (PDI-P).
By targetting Golkar and the Suhartos, Megawati is hoping to
kill at least two birds with one stoneto satisfy the demands
of international finance capital, as well as shore up her own
standing within the PDI-P and her broader base of support. Her
populist image as a reformer has been increasingly
tarnished by her close association with the military, Golkar and
big business.
A recent editorial in the Jakarta Post, noting the resignation
of two leading PDI-P members, commented: It is an open secret
that Megawati is now being surrounded by people close to members
of the Cabinet or their wives, who are showering her and members
of her family with all kinds of favours that remind one of the
time of former absolute ruler Suharto.
By moving against Tandjung, Megawati is also eliminating a
dangerous rival. While she heads the largest parliamentary party,
the president was compelled to rely on the military and other
parties in the protracted impeachment of former president Abdurrahman
Wahid last year. Her administration is an unstable coalition that
includes Golkar, the military and conservative Islamic parties.
However, Tandjungs trial could backfire on the president.
He has been a key figure in refashioning Golkar since Suhartos
removal. After news of his arrest, the Golkar members of Megawatis
cabinet initially threatened to walk out. Tandjung himself has
refused to resign either from his post as DPR speaker or as Golkar
chairman.
Moves appear to be underway to undermine the prosecution case.
Another suspect, Winfried Simatupang, has returned all of the
disputed $4 million. On this basis, defence lawyers now claim
that one of the charges against Tandjung and Bulog chief Ramelan,
that the state suffered losses, is no longer valid.
Tandjung has another asset in fighting his case. As a key political
operator in the Suharto and post-Suharto years, he no doubt has
an intimate knowledge of the web of corruption that spreads throughout
the entire upper echelons of Indonesias ruling elite. He
is able to hit back at virtually anyoneincluding Megawati,
whose husband has already been accused of dubious financial practices.
The overriding interest of international investors is likely,
however, to prove too much even for Tandjung. A number of articles
have already appeared in the international press warning of the
economic consequences if Indonesia fails to energetically pursue
the Golkar leader.
An editorial in the latest Far Eastern Economic Review
commented: The administration and judiciary cannot shy away
from any prosecution because of a Golkar connection. And for its
part, rather than protesting too strenuously, Golkar would be
better advised to take this opportunity to enact the reforms it
needs in the new political climate... we hope that the government
and the judiciary have the stomach to see through what they have
started.
See Also:
Pressure builds on Jakarta to toe the
line on Bush's "war on terrorism"
[6 March 2002]
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