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.