Court ruling on Tommy 'a political calculation'

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.