Court finds Mulyana guilty
Muninggar Sri Saraswati, The Jakarta Post, Jakarta
General Elections Commission (KPU) member Mulyana W. Kusumah and acting secretary general of the commission Sussongko Suhardjo were declared guilty by a court on Monday of attempting to bribe a state auditor in a high profile case linked to alleged corruption during last year's general elections.
The anticorruption court sentenced Mulyana to 31 months in jail, while Sussongko was given a 30-month sentence.
Mulyana, who is also a noted criminologist and a pro-democracy activist, was caught red-handed in April by the Corruption Eradication Commission (KPK) as he attempted to bribe a Supreme Audit Agency (BPK) auditor at a Jakarta hotel. The auditor, who was cooperating with the KPK, was wired with a recorder during the meeting.
The bribe was meant to influence the audit results and ensure that the KPU was declared graft-free in organizing the 2004 general elections, which saw President Susilo Bambang Yudhoyono rise to power in the country's first direct presidential election.
The crime, according to the panel of five judges, took place as "Mulyana and some KPU members and officials were concerned that the investigative audit by a team from the BPK might uncover the KKN (corruption practices) in the procurement of ballot boxes."
The judges referred to the Indonesian acronym meaning corruption, collusion and nepotism.
Mulyana was responsible for the ballot box procurement.
"As a KPU member and criminologist, the defendant knows that what he did was against the law, but he continued to do it," presiding Judge Masrudin Chaniago said.
"The crime has tarnished the image of KPU as a respected institution," Masrudin said.
Wearing a black suit, Mulyana looked relaxed, smiling at photographers and cameramen.
The same panel of judges declared Sussongko guilty in a separate session later in the day.
Sussongko has admitted the crime, saying that it was KPU chief Nazaruddin Syamsuddin who had ordered a bribe payment for the state auditor in order to influence the audit results.
The court said that the time Mulyana and Sussongko had already spent in detention would be deducted from their sentences and they must each pay a fine of Rp 50 million (US$4,878).
Prosecutors, who recommended a three-year jail sentences for both Mulyana and Sussongko, said they would appeal the verdict. Mulyana and Sussongko have yet to decide whether to appeal. They have seven days to decide whether to appeal or accept their respective verdicts.
The bribery case had opened the way for the KPK to launch a series of investigations into alleged corruption of state funds at the KPU during the implementation of the general elections.
Graft charges against Nazaruddin and other top KPU officials and members are currently being heard in a separate trial.
The corruption charges centered on the mark-up of election expenses including the procurement of election materials and services. KPU officials had also been accused of collecting millions of dollars in kick-backs from companies that won procurement contracts from the KPU.
Nazaruddin is facing a possible jail sentence of 20 years.
The KPK are continuing to question other KPU members and officials to resolve the high profile corruption case.
BPK chairman Anwar Nasution has said his team found 33 indications of irregularities in the provision of equipment and services to support the legislative and presidential elections in 2004.