Akbar's release hampers efforts to uphold justice

Akbar's release hampers efforts to uphold justice

Kurniawan Hari and A'an Suryana, The Jakarta Post, Jakarta

The suspension of the detention of corruption suspect and House
of Representatives Speaker Akbar Tandjung may have been in
accordance with the country's laws but has severely offended
people's sense of justice.

Noted lawyer Frans Hendra Winarta and former attorney general
for special crimes Anton Sujata said that the release of Akbar,
who is also chairman of Golkar Party, the second biggest in the
country, highlighted unfair treatment that could crush attempts
to genuinely enforce the law.

"It is discriminative since the other suspects did not receive
the same treatment," Frans told The Jakarta Post on Sunday.

"It hampers law enforcement. The people expect genuine law
enforcement, but ... it's a setback," Anton, who is now chairman
of the National Ombudsman Commission, told the Post on Saturday.

Akbar, on trial for allegedly misappropriating Rp 40 billion
(US$4.1 million) in State Logistics Agency (Bulog) funds, was
released from detention on Friday pending verdict, while his co-
defendants, Dadang Ruskandar and Winfried Simatupang, had been
denied such treatment.

Ironically, former Bulog chairman Rahardi Ramelan, another
corruption suspect, had his detention extended by 60 days by the
South Jakarta District Court on Friday, the very same day Akbar
was released on the strength of a guarantee from his wife
Krisnina Maharani that the Golkar chairman would not flee or miss
any hearings.

On the first day after his release on Saturday a number of
high ranking officials visited Akbar at his residence at the
Widya Chandra housing complex to extend their support.

The Indonesian Corruption Watch (ICW) urged the panel of
judges at the Central Jakarta District Court to revoke its
decision, claiming that the judgment was engineered.

"Such an engineered decision will further expand in this case,
because the law and political process are inseparable," ICW said
in a statement.

The decision to release Akbar has strengthened public
skepticism over the impartiality of the law in this high profile
case.

Former supreme court justice Bismar Siregar noted that the
release of Akbar was the decision of justice Amiruddin Zakaria,
chief of the panel of judges in Akbar's case.

"It's the panel of judges who took the decision," Bismar told
the Post.

Amiruddin Zakaria, chief of the panel of judges that are
trying Akbar, is a confidant of Subardi, chief of the Central
Jakarta District Court. Subardi is a cousin of Agung Laksono, co-
chairman of the Golkar Party.

This situation has drawn speculation that the appointment of
Amiruddin by Subardi was a part of a plot to protect Akbar.

The suspension of Akbar's detention was possible under Article
31 of the Criminal Procedures Code. But, ICW chairman Teten
Masduki said that the article constituted a loophole and was
often used by defendants to benefit themselves.

Coordinator of Government Watch (Gowa) Farid R. Faqih
expressed similar concern, saying that the decision to release
Akbar was an act of discrimination.

Law No. 8/1981 of the Criminal Procedure Code

Article 31:

(1) At the request of the suspect or defendant, the investigator
or public prosecutor or judge -- in line with their respective
authorities -- can allow a suspension of detention with or
without money or personal guarantee on the basis of set
conditions.
(2) Because of their function, the investigator or public
prosecutor or judge can withdraw the suspension of detention in
case the suspect or defendant fails to observe the conditions as
mentioned in section (1).

Elucidation:

What is meant by set conditions is the obligation to report, not
to leave home or town. The period of suspended detention for a
suspect or defendant does not include the period of his status as
a detainee.