Convict, suspect head public institutions
The Jakarta Post, Jakarta
A convicted corruptor and a detained graft suspect now lead two of the country's most important public institutions, respectively Bank Indonesia and the House of Representatives.
House speaker Akbar Tandjung, currently detained as a suspect in the Bulog II scandal, and Bank Indonesia Governor Sjahril Sabirin, sentenced to three years jail in the Bank Bali scandal have refused to step down from their positions.
Calls for the pair to step down from their respected positions to give credibility to their institutions have so far fallen on deaf ears.
Just hours after he was convicted in the Rp 904 billion (US$90.4 million) scandal and sentenced to three-years jail by the Central Jakarta District Court on Wednesday, Sjahril vowed to stay in office.
On Thursday, Sjahril argued that the market still supported him and therefore he would not step down.
"Confidence from the public and market on both the central bank and its staff is still maintained up till now," Sjahril told reporters. "The market still has confidence in me.
"I have not heard comments from various parties accusing me of corruption. This is more important for me," Sjahril added.
The rupiah ended the day at Rp 9,978 to the U.S. dollar on Thursday, down from Rp 9,975 on Wednesday.
According to the central bank law, the Bank Indonesia governor and members of its board of governors can be forced to resign if he or she is proven by the court to have committed a crime.
But Sjahril immediately appealed. Because of the appeal, according to legal experts, the court verdict has yet to take legal effect.
The appeal process could take years to complete.
Sjahril was appointed as Bank Indonesia governor under the new central bank law in 1999 for a five-year term.
Sjahril maintained that he would remain in the bank's top post and would still be part of the central bank's decision-making process until the end of his term.
Bank Indonesia's board of governors has pledged support to Sjahril's to carry on with his duties as usual.
Sjahril also got the backing of Minister of Justice and Human Rights Yusril Ihza Mahendra, who said that while waiting for the appeal process, Sjahril could perform his duty.
Vice President Hamzah Haz also urged the people to respect the legal process and let it work.
This government's backing and Sjahril's defiance to stay in office may boost support for Akbar to retain his position as House speaker.
Already, House deputy speaker A.M. Fatwa from the Reform Faction on Thursday compared Akbar's case with Sjahril's, and said whether Akbar should resign or not would depend to a great extent on the House Speaker himself.
Although Akbar is detained as a suspect in the Rp 40 billion graft case, House deputy speakers were almost in agreement that his being absent would not disrupt House activities.
These House leaders always refer to House internal rules, stipulating that the replacement of a House speaker could only be pursued whenever he or she became permanently unavailable.
However, calls for Akbar and Sjahril to relinquish their posts are based more on moral and ethical grounds rather than a legal standing.
Many parties have expressed concern about the situation.
Noted lawyer Trimedya Panjaitan said on Friday that no public institutions should be led by a suspect, let alone by a convicted corruptor.
"The bank will lose its credibility as a result," Trimedya said.
Senior economist Mohammad Sadli agreed and said that although Sjahril's decision to stay would not affect the central bank's operations, he personally believed that Sjahril should step down from Bank Indonesia on moral grounds.
Trimedya went even further by urging the House Commission IX, dealing with banking and finance, to not waste any time in demanding Sjahril's resignation.
Commission IX chairman Benny Pasaribu agreed, but admitted that House support for Sjahril was still quite strong.
"So it is rather difficult to ask him to resign if he's not willing to," Benny said.
Nevertheless, Benny said: "It would be difficult for some legislators to believe in Sjahril's words and accept his policies."
The House commission IX selects the central bank governor and senior deputy governor. Bank Indonesia also reports to the commission on various policies.
A special team of the commission is currently amending the central bank law. Bank Indonesia, an independent central bank, is seen by the government as too powerful and lacking in accountability.
Trimedya suggested that the team include a clause that a convicted criminal or suspect must be barred from becoming a member of the central bank's board of governors.
Otherwise corrupt people holding important positions, when they are declared suspects or convicted of a crime, would copy the way Sjahril or Akbar defended their positions.