Soeharto Family Wins Supersemar Case
Friday, 28 March, 2008 | 14:52 WIB

TEMPO Interactive, Jakarta: The panel of judges of the South Jakarta District Court rejected the state’s complaint of the late former President Soeharto about misuse of funds of the Supersemar foundation. Presiding judge Wahjono decided not guilty for Soeharto.

The foundation, set up by the late Soeharto, was said to have caused state losses of US420.6 million and Rp. 186.1 billion ((US$20.2 million). The attorney accused the foundation of having distributed the fund illegally to several companies such as Sempati Air, Bank Duta, Kiani Lestari, Kiani Sakti, and Kosogoro Business Group. This fund distribution was suspected as having occurred when Soeharto was still President.

The panel of judges said the fund was distributed illegally. “The foundation cannot be used for a loan or additional capital,” said Wahjono. However, the judges did not find Soeharto's violated any law. “It is not proven,” said Wahjono.

Aswin Nurcahyo, one of panel of judges, said that as a founder and chairperson of the foundation, Soeharto should be responsible for what transpired to the foundation. Therefore, the panel found the Supersemar Foundation guilty.

The court asked for compensation of $105 million and Rp. 46.4 billion and discharged it from paying the further compensation of a total of Rp. 10 trillion for immaterial losses as demanded by the prosecutors.

Juan Felix Tampubolon one of Soeharto’s lawyers, responded to the verdict by saying, “We will appeal.” He said the lawyers could not accept that their clients had to pay the ordered amount, 25 percent of the total demanded by the prosecutors.

“It is obvious the foundation did not use entire fund from the government,” said Aswin.

The court also asked the foundation to claim their funds from several companies that used the funds to benefit.
Soeharto's attorneys responded positive to this decision. “We definitely won,” said Otto Cornelius Kaligis, one of Soeharto's attorneys.

However, the Supersemar Foundation disagrees with this decision.

According to Juan Felix Tampubolon, it is the foundation's right to use the funds.

A team of attorneys, led by Dachamer Munthe, did not comment on this. “Basically, the judges agree that there is a misuse of foundation's funds,” he said.

One of attorneys, Yoseph Suardi Sabda, said the decision was strange. “Why did they only find the foundation guilty and not the manager,” he said. According to Yoseph, an institution cannot be established without the personnel.

A civil jurist from Padjadjaran University Bandung, Isis Ikhwansyah, agreed with Yoseph. “A legal institution exists because there are personal resources,” he said.

If an institution does something against the law, the institution's managers should be responsible. “If it causes a state loss, its personnel should be responsible,” he said.

NURLIS E MEUKO | RINI KUSTIANI | EKA UTAMI APRILIA