Court upholds Akbar verdict, calls mount for him to quit

The Jakarta Post, Jakarta

The High Court in Jakarta upheld the district court's three- year jail sentence on Speaker of the House of Representatives Akbar Tandjung for the misappropriation of Rp 40 billion in Bulog funds, prompting legislators and political analysts to renew their calls for him to resign the speakership on moral and ethical grounds.

A panel of judges presided over by Ridwan Nasution rejected Akbar's appeal and endorsed the district court's judgment, but allowed him to remain free pending an appeal to the Supreme Court.

The judges said that Akbar, who was minister/state secretary at the time of the wrongdoing, should have realized that in his capacity as a public servant he should have set up a team to monitor the usage of the state funds to avoid any irregularities.

Unlike Akbar, his codefendants Winfried Simatupang and Dadang Sukandar had their sentences increased by 18 months. Both had originally been sentenced to 18-months imprisonment by the district court for embezzling the funds from the National Logistics Agency (Bulog), funds that were intended to provide food parcels for the needy under the social safety net program in 1999.

Analysts say that the High Court's decision represents a legal endorsement of Akbar's guilt and, therefore, he should now start serving his sentence, no matter what the Supreme Court's decision will eventually be. They also argue that Akbar's guilt should compel him on moral grounds to resign from his post in the legislature.

Deputy House Speaker A.M. Fatwa from the Reform faction called on Akbar to serve his jail sentence and resign from office to show his respect for the law and "political custom."

"For the sake of morality and political ethics, he (Akbar) should serve his jail sentence and step down. But, it all depends on his sensitivities," Fatwa told The Jakarta Post after receiving a petition from legislators for an inquiry into the sale of state telecommunications firm PT Indosat to Singapore Technologies Telemedia Pte. Ltd. (STT) at his office.

Dwi Ria Latifa of the Indonesian Democratic Party of Struggle (PDI Perjuangan), who had previously campaigned for Akbar's suspension, said on Friday that she and like-minded legislators would intensify their campaign for Akbar's dismissal.

Dwi and many other legislators from the PDI Perjuangan and National Awakening Party (PKB) factions, and Akbar's opponents in the Golkar Party brought a no-confidence motion against Akbar in House after he was sentenced on Sept. 4, 2002.

So far, the House has yet to decide whether to accept the motion or not.

M.S. Kaban, a legislator from the Crescent Star Party (PBB), called on Akbar to step down so as to set a good example of compliance with the law and respect for morality and political ethics.

"The demand for Akbar's resignation is increasing. How else could it be?" Kaban asked.

Arbi Sanit, a political expert from the University of Indonesia, and Bambang Widjojanto of the Center for Electoral Reform (Cetro) concurred, saying that convicted officials, including Akbar, should relinquish their posts.

Arbi suspected that Akbar's resistance to suspension from office was motivated by a conspiracy between the PDI Perjuangan and Golkar factions to help each other.

Meanwhile, the Golkar faction chairman, Marzuki Achmad, defended Akbar's refusal to resign, saying that the High Court's decision said nothing about Akbar's status as he was appealing to the Supreme Court.

"We will defend Pak Akbar as House Speaker," said Marzuki.

Akbar, who regretted the High Court's decision, has ignored the increasing calls for his suspension, saying the case occurred when he was serving as minister/state secretary in the past and, therefore, was not covered by the House's standing orders, which require legislators found guilty of committing crimes to be dismissed.

Akbar said he would file an appeal with the Supreme Court on Monday, a process that could take up to one year. If his conviction is still upheld, he is allowed by law to seek clemency from the head of state.

Legislators and political analysts also criticized the High Court for allowing Akbar to remain free, saying the verdict should be executed for the sake of legal certainty. They also regretted that law enforcers failed to investigate whether the funds benefited the Golkar Party during the 1999 general election.

Teten Masduki of Indonesian Corruption Watch (ICW) appreciated the Courts's decision saying that "it is not too bad to learn that there are still a few out of thousands of judges who still listen to the public."

He called on the House, however, to set up a disciplinary committee to decide whether Akbar should be suspended while his appeal was pending in the Supreme Court.

He also said ICW was disappointed with the court for not sending Akbar to jail.