Akbar's graft case is over, legal expert confirms

Akbar's graft case is over, legal expert confirms

Fabiola Desy Unidjaja and Tiarma Siboro, The Jakarta Post,
Jakarta

The Corruption Eradication Commission (KPK) has no authority to
reopen the Rp 40 billion (US$4.7 million) graft case involving
House of Representatives Speaker Akbar Tandjung, but could
investigate possible collusion in that case's verdict, a lawyer
said.

Todung Mulya Lubis said on Wednesday that despite mounting
public pressure, according to the Criminal Code Akbar could not
be tried on the same charges.

"The case is over. The KPK can only investigate possible
collusion involving the Supreme Court justices who decided to
free Akbar," Todung told The Jakarta Post.

Todung underlined that the KPK could only reopen a case that
had not yet been brought to court.

To investigate possible collusion, the KPK should take the
initiative by conducting a public examination, he said.

"They could ask several legal experts to study the decision of
the Supreme Court, so they can point out what went wrong with the
verdict," the lawyer, who is also a human rights campaigner,
said.

He was commenting on public demands that the KPK reopen the
graft case involving Golkar Party chairman Akbar after four of
the five Supreme Court justices hearing Akbar's appeal overturned
the guilty verdict against him. The lower court convicted Akbar
and sentenced him to three years in prison, and another court
upheld the verdict.

The case centered on Rp 40 billion in state funds that were
distributed by then minister/state secretary Akbar in 1999 to
finance a charity program.

The Supreme Court upheld the guilty verdicts of two other
defendants in the case, Winfried Simatupang and Dadang Ruskandar,
who are now serving their jail terms at the Cipinang Penitentiary
in East Jakarta.

KPK chairman Taufiqurrohman Ruki said the commission could
only look into possible irregularities in the Supreme Court's
decision in favor of Akbar.

Taufiqurrohman said the public doubted the Supreme Court
justices were not influenced by bribes, but "we have to reopen
the case based on solid evidence".

"Without evidence, we have nothing much ado about the
verdict," he said.

Asked whether the KPK was collecting evidence of possible
bribery involving the justices, Taufiqurrohman said: "No, we are
waiting for people to provide evidence. The KPK has no authority
to conduct such an investigation because we are not the police or
prosecutors."

KPK deputy chairman Erry Riyana Hardjapamekas disclosed the
possibility of linking Akbar to other cases involving the
possible abuse of non-budgetary funds.

"We could conduct a thorough investigation into all cases
involving non-budgetary funds, which are prone to abuse and
corruption," he said.

However, he underlined it would take a long time for the KPK
to scrutinize the possible abuse of non-budgetary funds by the
government.