JAKARTA - On August 3, 2000, President Suharto was officially named a suspect in the alleged misuse of funds from the social foundation he founded. Suharto was declared a defendant along with the transfer of case files to the DKI Jakarta High Court.
At that time, a team of investigators consisting of Agus Sutoto, Umbu Lagelozara, Suriansyah, and Patuan Siahaan came to Suharto's residence on Jalan Cendana 8, Central Jakarta. Kapuspenkum AGO, Yushar Yahya; Director of the Attorney General's Office, Mochtar Arifin; Kajati's Special Criminal Assistant, Andi Syarifuddin; South Jakarta's Kajari Barman Zahir also accompanied him.
Citing Law Online, the Attorney General's Office had previously sent a letter of notification of the implementation of the handover to Suharto through his team of legal advisers. The investigative team came to Suharto's residence to hand over evidence and suspects from investigators to the public prosecutor, represented by Mochtar Arifin and Andi Syarifudin.
The case of misuse of funds by Suharto involved 7 foundations that he chaired, namely the Mandiri Prosperous Fund Foundation, Supersemar Foundation, Dharma Bhakti Social Foundation (Dharmais), Karya Bhakti Endless Fund Foundation (Dakab), Pancasila Muslim Bhakti Amal Foundation, Humanitarian Mutual Assistance Fund Foundation, and the Trikora Foundation. In 1995, Suharto issued Presidential Decree No. 90/1995. This presidential decree called on entrepreneurs to donate 2 percent of their profits to the Dana Mandiri Foundation.
Since September 1, 1998, the Attorney General's Office has found indications of irregularities in the use of funds from foundations managed by Suharto. This can be seen from the articles of association of these foundations. However, Suharto continued to evade, saying he "didn't have a single penny."
However, the investigation continues. In December 1998, President BJ Habibie issued Presidential Instruction No. 30/1998 on the investigation of Suharto's wealth. Previously, Habibie proposed to form an independent commission to investigate Suharto's assets. But this proposal was not heeded.
According to the report by Attorney General Andi M. Ghalib, which was presented in front of Commission I of the House of Representatives, the results of the investigation into Suharto's seven foundations revealed that a number of foundations had assets worth Rp. 4.014 trillion. In addition, the Attorney General also found accounts in the name of Suharto at 72 domestic banks with a deposit value of Rp. 24 billion and Rp. 23 billion, which was kept in a BCA account and a land area of 400 thousand hectares in the name of the Cendana family.
There was a total of IDR 400 billion flowing into the Dana Mandiri Foundation between 1996 and 1998 from the Department of Forestry's Reforestation Fund post and the presidential aid post. The Minister of State for Population and Head of the National Family Planning Coordinating Board, Haryono Suyono, were also involved in the misuse of these funds by diverting funds to Suharto's foundation.
However, on October 11, 1999, the Indonesian government deemed Suharto's allegations of corruption unproven. The Attorney General's Office then issued an Order to Terminate Investigation (SP3) against the Suharto case. The assets found were handed over to the government.
Case re-openedOnly two months later, or 6 December 1999 to be precise, the government of President Abdurrahman Wahid reopened the examination of Suharto's wealth. The new Attorney General, Marzuki Darusman, also revoked Suharto's SP3.
Various investigations and investigations into Suharto and the various parties involved were carried out. Summons against Suharto also continued but did not happen due to Suharto's declining health. Until finally Suharto was made a city prisoner and on August 3, 2000 Suharto was declared a suspect in a case of alleged misuse of the foundation.
The agenda for the trial was also scheduled. The first was on August 31, 2000, but Suharto was absent due to illness. The trial was then postponed to September 14, 2000. And again, the Second President of the Republic of Indonesia was not present for the same reason. Finally, on September 28, 2000, the Panel of Judges determined that the prosecution of the criminal case against Suharto was unacceptable and the trial was suspended.
It is known that there is no guarantee that Suharto will attend the trial for health reasons. He was also released from city custody and this case just evaporated until now.
Swiss HelpThe Swiss government had offered to help investigate Suharto's wealth stored abroad. But still it didn't go smoothly.
In 2003, the Indonesian government stated that it was difficult to trace Suharto's assets in Switzerland. This is because the requirements proposed by the Swiss government are burdensome to the Indonesian government.
"In principle, we welcome the offer from the Swiss government to assist in tracking the treasure. But the conditions put forward are too heavy and not easy for us," said Attorney General Marzuki Darusman, quoting Tempo.
Marzuki explained that the Swiss government asked the Indonesian government to provide the accounts held by Suharto and his friends. This is confusing, considering that the account number is in Switzerland, which the Swiss government should know better.
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