Court criticized for leniency toward Bob Hasan
<p>Court criticized for leniency toward Bob Hasan</p><p> JAKARTA (JP): Legal observers said on Saturday that the
Central Jakarta District Court had been too lenient in sentencing
timber tycoon Muhammad "Bob" Hasan, charged with corruption, to
only two years in jail.</p><p>A criminologist at the University of Indonesia, Harkristuti
Harkrisnowo, told The Jakarta Post that Bob Hasan, an aide to
former president Soeharto, had received too many facilities from
the government in the past, despite his huge donations to the
state through a sport's organization.</p><p>"The fact (that he had received many facilities) should have
been taken into consideration by the panel of judges to give him
a sterner sentence," she said. "Such an improper verdict could
inspire other courts to give light sentences to defendants in
similar cases."</p><p>Noted lawyer Todung Mulya Lubis, who is also a staunch human
rights activist, expressed wonder upon Bob Hasan's "wonderful"
sentence, saying that such a light verdict would not deter people
from corruption.</p><p>"The court's verdict does not support the nation's efforts to
eradicate corruption, and is against and hurts any sense of
justice," he said by phone, citing the release of a Bank Bali
embezzlement suspect as an example.</p><p>The Central Jakarta District Court sentenced on Friday Bob
Hasan, once minister of industry and trade, to two years in jail
for embezzling US$75 million in forestry funds belonging to the
Ministry of Forestry.</p><p>The verdict was one-quarter of the term demanded by
prosecutors.</p><p>The court also ruled that the defendant's company assets be
seized and that the defendant be fined Rp 15 million, or spend
another six months in jail.</p><p>Harkristuti said that courts (nowadays) tended to give
corruptors lighter sentences. "It's quite different from court
verdicts on similar cases in the past."</p><p>She said there was a shift in the implementation of Law on
Corruption No. 3/1971, which rules on sentences for corruptors.</p><p>"There should have been guidelines (for judges) to avoid
controversy in sentencing corruptors. Thus, the judges could take
both aggravating and mitigating factors into account fairly when
making their verdict," she said.</p><p>Harkristuti said that Bob Hasan could be jailed soon after the
court declared him guilty. "An exception is possible if the
defendant is waiting for an appeal. In such circumstances the
execution of the verdict may be suspended."</p><p>Bob Hasan had received legal privileges when the court ruled
on a house arrest. He has not been held at the Salemba detention
center as earlier reported in the Post.</p><p>According to Todung, failure to stamp out corruption was the
collective sin of Indonesian judges.</p><p>He also regretted that Law No. 3/1971 did not deter people
from committing acts of corruption. "Other corruptors may think
that the punishment is nothing compared to the huge sum of money
they steal from the state."</p><p>Stressing his query, Todung said, "We don't know whether the
courts will also let Bank Indonesia governor Sjahril Sabirin or
former State Logistic Agency (Bulog) chief Beddu Amang walk
free."</p><p>Criminal law expert Loebby Loqman admitted that the 1971
corruption law had numerous weaknesses. "That's why we now apply
the 1999 Law, which stipulates a minimum conviction (to
corruptors) to replace the 1971 Law," he told the Post from
Surabaya by phone.</p><p>Commenting on Bob Hasan's verdict, Loebby said it was the
right of the panel of judges to determine the sentence, adding
that the sense of justice among judges might be different.</p><p>He declined to comment further. He did, however, suggest that
the prosecutors appeal to the High Court. (01)</p>
Central Jakarta District Court had been too lenient in sentencing
timber tycoon Muhammad "Bob" Hasan, charged with corruption, to
only two years in jail.</p><p>A criminologist at the University of Indonesia, Harkristuti
Harkrisnowo, told The Jakarta Post that Bob Hasan, an aide to
former president Soeharto, had received too many facilities from
the government in the past, despite his huge donations to the
state through a sport's organization.</p><p>"The fact (that he had received many facilities) should have
been taken into consideration by the panel of judges to give him
a sterner sentence," she said. "Such an improper verdict could
inspire other courts to give light sentences to defendants in
similar cases."</p><p>Noted lawyer Todung Mulya Lubis, who is also a staunch human
rights activist, expressed wonder upon Bob Hasan's "wonderful"
sentence, saying that such a light verdict would not deter people
from corruption.</p><p>"The court's verdict does not support the nation's efforts to
eradicate corruption, and is against and hurts any sense of
justice," he said by phone, citing the release of a Bank Bali
embezzlement suspect as an example.</p><p>The Central Jakarta District Court sentenced on Friday Bob
Hasan, once minister of industry and trade, to two years in jail
for embezzling US$75 million in forestry funds belonging to the
Ministry of Forestry.</p><p>The verdict was one-quarter of the term demanded by
prosecutors.</p><p>The court also ruled that the defendant's company assets be
seized and that the defendant be fined Rp 15 million, or spend
another six months in jail.</p><p>Harkristuti said that courts (nowadays) tended to give
corruptors lighter sentences. "It's quite different from court
verdicts on similar cases in the past."</p><p>She said there was a shift in the implementation of Law on
Corruption No. 3/1971, which rules on sentences for corruptors.</p><p>"There should have been guidelines (for judges) to avoid
controversy in sentencing corruptors. Thus, the judges could take
both aggravating and mitigating factors into account fairly when
making their verdict," she said.</p><p>Harkristuti said that Bob Hasan could be jailed soon after the
court declared him guilty. "An exception is possible if the
defendant is waiting for an appeal. In such circumstances the
execution of the verdict may be suspended."</p><p>Bob Hasan had received legal privileges when the court ruled
on a house arrest. He has not been held at the Salemba detention
center as earlier reported in the Post.</p><p>According to Todung, failure to stamp out corruption was the
collective sin of Indonesian judges.</p><p>He also regretted that Law No. 3/1971 did not deter people
from committing acts of corruption. "Other corruptors may think
that the punishment is nothing compared to the huge sum of money
they steal from the state."</p><p>Stressing his query, Todung said, "We don't know whether the
courts will also let Bank Indonesia governor Sjahril Sabirin or
former State Logistic Agency (Bulog) chief Beddu Amang walk
free."</p><p>Criminal law expert Loebby Loqman admitted that the 1971
corruption law had numerous weaknesses. "That's why we now apply
the 1999 Law, which stipulates a minimum conviction (to
corruptors) to replace the 1971 Law," he told the Post from
Surabaya by phone.</p><p>Commenting on Bob Hasan's verdict, Loebby said it was the
right of the panel of judges to determine the sentence, adding
that the sense of justice among judges might be different.</p><p>He declined to comment further. He did, however, suggest that
the prosecutors appeal to the High Court. (01)</p>