Wrong verdict<\/p>\n
When is a thief not a thief? When he returns the loot after
\nbeing caught. That seems to be the message Judge Soedarto of the
\nSouth Jakarta District Court sent by clearing businessman Djoko
\nTjandra of all criminal charges in the high-profile Bank Bali
\nscandal on Monday.<\/p>\n
The very act of offering to return the Rp 546 billion (US$64.2
\nmillion) Djoko Tjandra's PT Era Giat Prima (EGP) secured from the
\ngovernment after his scheme became public in June last year is
\nthe clearest admission that neither he nor any of his accomplices
\nwere entitled to that money in the first place. That gesture
\nshould have been sufficient grounds for the court to hand down a
\nguilty verdict to Djoko, the prime suspect in the scandal. All it
\nneeded was to establish that the means by which EGP secured the
\nmoney, a cessie agreement signed with Bank Bali, was illegal.<\/p>\n
EGP entered into that agreement early in 1999, supposedly to
\nhelp secure the return of Rp 904 billion the government owed to
\nBank Bali. Without so much as even lifting a finger except with
\npenning the deal, Djoko Tjandra collected a cool Rp 546 billion
\nin commissions when that money was disbursed to Bank Bali. There
\nwas a political twist to this story which made it a high-profile
\ncase. Subsequent independent investigations established some of
\nthis money was later disbursed to various people closely
\nconnected to the Golkar Party.<\/p>\n
Not only did the court fail to find Djoko Tjandra guilty, it
\nalso effectively ruled that the money, which has since been put
\nin an escrow account pending a court ruling, belongs to Djoko.
\nJudge Soedarto said the government stood a better chance of
\nrecuperating the money (control over Bank Bali has since fallen
\ninto the government hands) by pursuing a civil case.<\/p>\n
The Bank Bali scandal became a politically charged affair
\nbecause of allegations of a political conspiracy involving senior
\nmembers of the Golkar Party, particularly those who were part of
\na small team campaigning for the reelection of then president
\nB.J. Habibie. The very disclosure of the case, even before it
\nwent to court and despite repeated denials from people in the
\nHabibie camp, was enough to undermine his political chances. His
\ndefeat in the presidential election in October was caused in no
\nsmall measure by the Bank Bali scandal<\/p>\n
Some politicians may feel the scandal has served its purpose
\n-- to deprive Habibie of the presidency -- but this in no way
\nshould end the search for truth and justice in this country. The
\nBank Bali case, which also caused the International Monetary Fund
\nto delay the disbursement of loans to Indonesia in December, must
\nbe thoroughly investigated to ascertain not only the financial
\nwrongdoings, but also the allegations of abuses of power.<\/p>\n
Judge Soedarto's verdict of not guilty may now stop that
\nprocess in its tracks. Since Djoko Tjandra is the prime suspect,
\nhis acquittal will make it difficult for government prosecutors
\nto build cases against the other suspects, which include a former
\nCabinet minister, a senior executive of Golkar Party and a former
\nBank Indonesia governor. Essentially, the government no longer
\nhas a strong case against them. Thanks to the judge, now we
\nprobably will never discover the truth behind the story.<\/p>\n
The verdict must be sweet music not only to the other
\nsuspects, but also other corruptors, past, present and future. It
\nhas sent the message that white-collar crime pays; the worst that
\ncan happen is to be caught, and if that does happen just return
\nthe money or, as in the case of Djoko Tjandra, offer to return
\nthe money.<\/p>\n
The court ruling has repercussions beyond the Bank Bali case
\nitself. With the verdict going completely against public
\nexpectation, it has further undermined the credibility and
\nreputation of the courts in upholding justice. We already are
\nseeing disturbing signs of the increasing public mistrust of the
\ncourts in the growing number of instances of street justice being
\nmeted out by mobs against suspected criminals.<\/p>\n
Judge Soedarto's verdict has created a large dent in the
\nnationwide campaign against corruption, the very theme upon which
\nthe current government was elected. Without the cooperation of
\nthe courts, this anticorruption campaign will become a mere
\nslogan and corruptors will continue to act with impunity.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/wrong-verdict-1447899208",
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"sponsor": "Okusi Associates",
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