Court's sentence for Akbar too lenient: Analysts<\/p>\n
Kurniawan Hari and Moch. N. Kurniawan, The Jakarta Post, Jakarta<\/p>\n
Several legal analysts criticized the three-year jail sentence
\nhanded to House Speaker Akbar Tandjung as being too lenient,
\nsaying that the Supreme Court should hand him a heavier sentence
\n"to satisfy the public's sense of justice".<\/p>\n
Many other legal experts also called on the judiciary, mainly
\nthe high court and the Supreme Court, to be more transparent when
\nhandling cases, especially those that involve public figures and
\nstate officials.<\/p>\n
Benny K. Harman of the Indonesian Legal Aid Institute (YLBHI)
\nand Achmad Ali of the Hasanuddin University said the high court
\nshould prosecute Akbar and the other two defendants, Winfried
\nSimatupang and Dadang Sukandar, to the full extent of the law
\nsince the misappropriation of Rp 40 billion (4.5 million) in
\nBulog funds is an exceptional crime.<\/p>\n
"Corruptors whose wrongdoings have brought suffering to the
\npeople should be given harsh punishment in an attempt to fight
\nthe rampant corruption. If they are public servants they deserve
\nthe maximum penalty," Benny told The Jakarta Post by telephone.<\/p>\n
He said the three-year jail sentence handed down to Akbar was
\ntoo lenient and imbalanced because of his role in the case.
\n"Judges should impose sentences of at least 15 years imprisonment
\nand the verdicts should be started immediately in order to
\nadminister shock therapy to other corruptors," he said.<\/p>\n
The high court turned down Akbar's appeal and upheld the
\nCentral Jakarta District Court's Sept. 2002 decision, reasoning
\nthat Akbar, in his capacity as then state secretary\/Cabinet
\nminister, "did not supervise how the funds were used and whether
\nthe funds reached their target".<\/p>\n
Separately, Achmad said the judges who tried the case did not
\nconsider people's reaction to the case.<\/p>\n
"We hope the Supreme Court will handle the case immediately to
\nstop Akbar's efforts of buying time and to listen to the people's
\naspirations when handling Akbar's appeal," he said.<\/p>\n
Observers said there is little chance that Akbar will win his
\nappeal at the Supreme Court since the district court and the high
\ncourt have ruled that he is guilty. A Supreme Court decision
\ngiving him a more lenient sentence would raise the public's
\ndistrust in the judiciary.<\/p>\n
Calls are increasing for Akbar to step down from his positions
\nat the House of Representatives and the Golkar Party following
\nthe high court's decision last Friday. So far, at least 75
\nlegislators from numerous factions, including Golkar, have signed
\na no-confidence motion against Akbar's leadership in the
\nlegislative body.<\/p>\n
The panel of judges has not ordered Akbar's arrest or those of
\nthe other defendants for unclear reasons.<\/p>\n
The criminal code gives judges the discretionary right not to
\nexecute the verdict for convicted state officials who are
\nsentenced to five years imprisonment or less. However, both
\nWinfried and Dadang are not state officials and they have not
\nbeen put in jail.<\/p>\n
Benny and Achmad also criticized the judges who tried Akbar's
\ncase for having misused their discretionary authority as they
\nalleged they were prejudiced in their ruling.<\/p>\n
Meanwhile, Rudi Satrio, an expert on law at the University of
\nIndonesia and Abdul Gani, the director general of law and
\nlegislation at the Ministry of Justice and Human Rights, said the
\nhigh court and the Supreme Court should be transparent on how
\nthey were trying the case.<\/p>\n
"It is not enough that the judges open the trial to the public
\nbut the public should be given access to information on the
\ntrial's schedule and the judges' reasoning for their decisions.
\nTransparency is needed to prevent the judiciary from being
\ncorrupt," said Rudi.<\/p>",
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"sponsor": "Okusi Associates",
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