Court ruling on Tommy 'a political calculation'

Berni K. Moestafa, The Jakarta Post, Jakarta

The 15-year jail sentence handed down to former president Soeharto's son Hutomo "Tommy" Mandala Putra has drawn mixed reactions, with analysts saying the verdict was trying to appease the public without risking political backlash from Soeharto's influential family.

Public skepticism remains that Tommy might eventually escape punishment with many deploring the verdict as too lenient. However, few had expected judges would sentence him to 15 years in jail, the full sentence that prosecutors had demanded.

"I don't think the government would have tolerated a stronger verdict against Tommy," said political analyst Fachry Ali.

"The verdict appears to be a balance of the public's demands to punish Tommy and those who fear a strong verdict could trigger Cendana's reaction," he said, referring to the house address of Soeharto's residence that also serves as the name for his family.

Fachry said judges might have sensed the risk with Tommy but at the same time did not want to be at the center of public criticism.

The panel of five judges at the Central Jakarta District Court sentenced Tommy on Friday for ordering the murder of Justice M. Syafiuddin Kartasasmita, for possession of illegal arms and running from the law.

In 2000, Syafiuddin sentenced Tommy to 18 months in jail, overturning a district court's verdict that acquitted him of graft allegations. Witnesses say Tommy had threatened Syafiuddin afterwards.

His two accomplices, who Tommy ordered to kill Syaffiuddin, were sentenced to life imprisonment, although prosecutors had demanded only 14 years.

Legal experts said Tommy's 15-year jail term seemed unjust but was still surprising for its tough determination.

Many believe that the one-time tycoon continues to wield significant influence within the political elite and the military, and that he has no qualms about using his power.

Tommy said in court that he had once tried to pay former president Abdurrahman Wahid so that he could get a presidential pardon.

As Abdurrahman turned down the request, he said he funded antigovernment campaigns during Abdurrahman's presidency.

Authorities have yet to solve the series of unexplained bombings, which rocked Jakarta one day or several hours before Tommy's court sessions.

In September 2000, a blast at the Jakarta Stock Exchange (JSX) killed 10 people. Prosecutors had linked Tommy to the bombings but later dropped the charges due to a lack of evidence.

"Politically speaking, 15 years looks just about right," Fachry said.

He said the verdict was strong enough for the government to show the international community that even the powerful could not escape justice in Indonesia.

The United Nations is keeping a close eye on Indonesia's judiciary following a string of questionable court rulings implicating foreign companies.

Last Wednesday a UN mission to gauge the country's judiciary ended with a stern warning of pervasive corruption in the courts.

The UN special rapporteur, who was assigned to carry out the mission, later welcomed Tommy's verdict, saying that it augurs well for Indonesia's justice system.

But chairman of the anti-graft body, the Indonesian Corruption Watch (ICW), Teten Masduki dismissed the verdict as disappointing.

"It has more likely confirmed international suspicion of weak Indonesian judiciary rulings," he said.

Teten did not rule out the possibility that the judges had to also compromise because of weak evidence linking Tommy with Syafiuddin's killers.

Lawyer Frans Hendra Winarta said Tommy's case was a bad example of a dysfunctional court to show foreign investors.