JAKARTA (AFP) — An Indonesian court on Thursday acquitted the late former president Suharto in a civil corruption case, but ordered his charitable foundation to repay more than 100 million dollars to the state.
Indonesia's government had sought 1.4 billion dollars in damages from Suharto and the charity he founded, alleging that the former leader skimmed off millions of dollars of state money.
The panel of judges said both Suharto and his Supersemar Foundation had engaged in "actions that ran against the law," but acquitted the former leader, saying he did so in his capacity as an executive of the charity.
They said Suharto, represented in the case by his six children, had not been proven guilty of direct involvement.
"The first defendant (Suharto) is acquitted, but the Supersemar Foundation, the second defendant, has to pay some of the damages (requested by the government)," said judge Wahyono, who like many Indonesians goes by one name.
"The second defendant (Supersemar) has engaged in actions that went against the law and therefore should pay."
Suharto died in January without facing criminal prosecution over allegations that he oversaw massive corruption during his 32-year rule that benefited his family and cronies.
The civil suit against Suharto, who quit as president in 1998 after massive protests, began last year as part of a revived effort by the current government to bring him to justice.
A criminal suit against him was abandoned in 2006 on health grounds.
Suharto's son, Hutomo "Tommy" Mandala Putra Suharto and his five siblings came to control some of Indonesia's largest conglomerates during Suharto's reign.
The children are alleged to have used their connections to secure contracts and demand kickbacks.
Bringing the family to account is seen as key to reducing a culture of impunity and rampant corruption in Indonesia -- both of which are seen as a legacy of the Suharto era.
Prosecutor Dachmer Munthe said the state would consider appealing Suharto's acquittal.
"We accept the court's decision concerning the Supersemar Foundation. It accepted our claims, even if it did not award the full amount. But we will study Suharto's acquittal before deciding whether to accept it or to appeal," he told AFP.
The prosecution has 14 days to lodge an appeal.
There was no immediate response from Suharto's children, who under Indonesian law took over as defendants in the case on their father's death. They were not in court to hear the verdict.
If Suharto had been found guilty, any damages would have been paid from his estate.
But the panel of judges laid the blame for the missing funds firmly at the foundation's door.
"Each year he (Suharto) reported to the foundation and every year his accountability reports were accepted by the foundation and therefore the actions of the first defendant, Suharto, no longer have to be accounted for and he is therefore acquitted," judge Aswan Nurcahyo told the South Jakarta court.
The court ordered the foundation to pay the government 105.7 million US dollars and another 5 million dollars' worth in the Indonesian currency of rupiah.
A lawyer for the foundation said it would appeal the verdict.
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