Akbar's liberty, Criminal Code disputed<\/p>\n
Muhammad Nafik, The Jakarta Post, Jakarta<\/p>\n
Demand have been growing for the government and the House of
\nRepresentatives to revise the Criminal Code Procedures (KUHAP) to
\nensure that a defendant convicted by a district court goes to
\njail immediately regardless of whether or not he or she lodges an
\nappeal.<\/p>\n
Legal experts also said the revisions should oblige a
\nconvicted official to temporarily relinquish his or her public
\nposition despite an appeal request.<\/p>\n
\"Our law should be changed so as to be able to send a
\nconvicted person to prison immediately, regardless of whether the
\nconvict appeals the verdict or not,\" Harkristuti Harkrisnowo, a
\nprominent legal expert from University of Indonesia, told The
\nJakarta Post on Tuesday night.<\/p>\n
\"If all convicted criminals have to await the handling of
\ntheir appeals at higher courts, who will be sent to jail then?\"
\nshe added.<\/p>\n
She said there should also be an \"explicit provision\" in the
\nCriminal Code Procedures, which would require temporary
\nsuspensions of officials found guilty of crimes by district
\ncourts.<\/p>\n
\"I even want an official to be suspended from his or her
\nposition once he or she goes to trial for a criminal case. It
\nwould be effective to prevent the defendant from possibly
\nmisusing his\/her power to influence the trial,\" Harkristuti
\nadded.<\/p>\n
Muladi, former supreme justice and justice minister, made a
\nsimilar call for the Criminal Code Procedures to be reviewed to
\nallow any convicted persons to serve jail terms promptly.<\/p>\n
\"I also agree with the idea of revisions in order to make
\nconvicted officials non-active temporarily from their state
\nduties,\" he told the Post on Wednesday.<\/p>\n
Noted lawyer Luhut M. Pangaribuan shared the same view, saying
\nthat the current KUHAP contained loopholes, that allowed
\nconvicted criminals to retain their public positions.<\/p>\n
Such calls to revise the KUHAP surfaced following the decision
\nof the Central Jakarta District Court to sentence House of
\nRepresentatives speaker and Golkar Party chairman Akbar Tandjung
\nto three years in jail for taking Rp 40 billion (US$4.4 million)
\nof state funds, but the court is allowing Akbar to remain free
\npending his appeal.<\/p>\n
Akbar maintains that his positions as House speaker and Golkar
\nParty chairman, despite outrage and humiliation from legislators
\nand the public, who believe he is further tarnishing Indonesia's
\nimage.<\/p>\n
Akbar and his supporters at Golkar claimed that despite the
\nconviction he remained legally innocent until he received an
\nirrevocable verdict issued by higher courts. Therefore, they
\nargued, Akbar should retain his top post in the House.<\/p>\n
But Harkristuti rejected the arguments by Akbar and his
\nlawyers as \"illogical\", saying the presumption of innocence
\nprinciples were only relevant before a conviction.<\/p>\n
\"The presumption of innocence principles are no longer
\napplicable after a verdict is issued,\" she said.<\/p>\n
The Akbar case has sparked a polemic among the public as
\npressure was mounting for him to step aside in order to comply
\nwith political ethics.<\/p>\n
But Akbar is not the first person to get such a special
\ntreatment from the court.<\/p>\n
Earlier, Bank Indonesia Sjahril Sabirin also enjoyed the same
\ntreatment. He was convicted of graft and given three years in
\nprison by the Central Jakarta District Court in the Bank Bali
\ncase, but he also maintained his position as the central bank
\ngovernor. He was later acquitted by the Jakarta High Court.<\/p>\n
The decision to let a convicted criminal to remain free lies
\ntotally with the judges. There is no clear cut rule in the
\nCriminal Code Procedures on when the judges could let a convicted
\ncriminal remain free.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/akbars-liberty-criminal-code-disputed-1447893297",
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"sponsor": "Okusi Associates",
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