The Jakarta Post , Jakarta | Tue, 10/02/2007 3:44 PM
The Jakarta Post, Jakarta
A civil lawsuit trial session against former president Soeharto's Supersemar Foundation on Monday saw a debate between state prosecutors and the defendants over the relevance of a third party in the case.
An organization of scholarship recipients filed an intervention lawsuit on Sept. 25, claiming it was related to the lawsuit.
State prosecutors deemed the organization's involvement in the trial unnecessary while Supersemar Foundation's lawyers supported the motion.
The lawyers said the recipients should be included in the lawsuit to help the foundation prove that scholarship allocation and fund disbursements complied with regulations.
""We don't believe the recipients' involvement is necessary because there was nothing wrong with the scholarships they received,"" state prosecutor Dachamer Munthe said during the session at the South Jakarta District Court.
""Our main concern is the allegation that Soeharto and foundation members used the fund as if it was their own money.""
He said the state filed a lawsuit because the government had evidence Soeharto abused donations by transferring funds to several companies linked to his cronies.
According to the state prosecutor, funds totaling US$420 million and Rp 185.91 billion ($20.31 million) were transferred to PT Bank Duta, Sempati Air, PT Kiani Lestari, PT Kiani Sakti, PT Kalhold Utama, PT Tanjung Redep Hutan Tanaman Industri and Essam Timber.
""We will fight to win this case with or without (the organization) included in the trial,"" Dachamer said.
The Supersemar recipients organization was established on March 28, 1979, in Malang, East Java. It claims to have as many as one million members.
The Association said in the lawsuit it supported government efforts to scrutinize the foundation's management, but did not expect a lawsuit would be filed against the foundation.
One of Soeharto's lawyers, Wimboyono Seno Adji, suggested the judges allow the organization to be a party in the lawsuit.
""They can help us explain how the foundation distributed scholarships to high-performing students from needy families,"" Wimboyono said at the trial.
Chapter 279 of the Civil Code Procedures stipulates that a panel of judges can allow a third party to be involved in a civil lawsuit trial -- in addition to the conflicting parties -- as long as the judges can prove the third party has a strong relationship with the case.
The panel of judges, led by presiding judge Wahyono, plan to make a decision over the organization's involvement on Thursday. (10)