AG office backs bail demands

JAKARTA (JP): Deputy Attorney General for General Crimes I Made Gelgel has maintained that provincial prosecutors have the right to set bail at any amount they see fit and apply the laws at their own discretion.

Gelgel told parents of three detained labor activists Monday that the Jakarta Provincial Prosecutor's office had the right to demand Rp 10 million (US$1,250) in bail for their sons' conditional release.

On payment of the money the activists would be kept under house arrest.

Gelgel said that the sum was legitimate and in accordance with Article 31 of the Criminal Code which, he pointed out, did not specify the amount at which bail should be set for particular offenses.

The article stipulates that based on a suspect's request, the police, the prosecutor's office or a judge can decide detention with or without bail.

It also says that a suspect may be put under house arrest provided a personal guarantee or bail is given.

Police arrested Wandy Nicodemus, Kuldiv Singh and Widi Wahyu Widodo last month for staging a rally on Jl. Thamrin in Central Jakarta to protest skyrocketing prices of basic essentials and demand increased wages for workers.

Another activist, Farahdiba Agust, was released recently by the City Police and granted house arrest status under the guarantee of her parents.

"I do not see any violation of the law," Gelgel told the parents and activists who came to the Attorney General's Office in South Jakarta.

"It is the subjective right of the police, prosecutor or judge to decide the amount at which bail is set... I think the prosecutors have considered that the amount of bail demanded is proper," Gelgel added without elaborating.

The Center of Information and Action Network for Reform (Pijar), a pro-democracy group, said in a statement that the Rp 10 million bail demand was an indication of the corruption prevailing in the justice system.

But Gelgel denied the allegations, saying that the money would be kept by the appointed district court. "If the suspects flee, the money will be deposited in the government treasury," added Gelgel. (byg)