Former religious affairs minister faces life in jail
Ridwan Max Sijabat, The Jakarta Post, Jakarta
Former religious affairs minister Said Agil Hussein Al Munawwar and his former subordinate Taufiq Kamil went on trial here on Thursday for a haj fund scandal, for which they could be sentenced to life in prison if convicted.
The two are being tried separately at the Central Jakarta District Court on charges of embezzling more than Rp 700 billion (US$70 million) of haj funds.
In a 57-page indictment, prosecutors accuse the two defendants of abusing their power by spending huge amounts of money from the Ummah Trust Fund (DAU), the Haj Reserves Fund (DAH), the DAU Fund Management bank account and the Employees' Welfare Fund at their office.
"The defendant (Said Agil) violated Law No. 31/1999 and Law No. 20/2001 on corruption by embezzling state funds to enrich himself, others and private companies," said chief prosecutor Ranuwihardja.
The 2001 antigraft law carries a maximum sentence of life in prison.
Ranuwihardja said that during the 2001 pilgrimage season, the Ministry of Religious Affairs handed over Rp 885 million to the DAU -- which was set up under Presidential Decree No. 22/2001 to support Islamic education and the development of haj facilities -- while a total of Rp 16 billion and $982,784 were used as reserve funds and for the operations of the Haj Management Agency (BPIH).
The prosecutor said the ministry should have paid Rp 2.2 billion to the DAU, and Rp 25 billion and $12.5 million to the haj bank account, but instead a large percentage of the money was used by the defendant and other officials to enrich themselves.
"The funds were partly used by the defendant as tactical funds to cover his foreign trips to Saudi Arabia and to pay his lawyer," he said.
These expenditures were approved by both Said Aqil and Taufiq Kamil, the former director general of Islamic guidance and haj management.
"According to the presidential decree, all of the funds from haj management should have gone to the DAU, but this did not happen," Ranuwihardja said.
The defendant approved the allocation of almost Rp 300 million to cover the trips of a number of legislators to monitor the haj management both at home and in Saudi Arabia, and more than Rp 607 million for state auditors who audited the BPIH in 2001 and 2002.
"The defendant also approved the construction of a Rp 8.2 billion haj dormitory in Ciracas, East Jakarta, but the building was instead occupied by religious affairs ministry officials. He also endorsed the allocation of Rp 6 billion to renovate the haj dormitory in Ciloto, Cianjur, but the building's management was later handed over to PT Treva," the prosecutor said.
The BPIH paid only Rp 11 billion from the haj management funds, while the remaining Rp 58 billion and $2,08 million were used as reserves and tactical funds that were never accounted for, the prosecutor said.
Another prosecutor, Payaman, said that during the 2003 haj season, the ministry made Rp 2.1 billion but the money was used by Said Aqil and other ministry officials to pay for trips to Saudi Arabia and Malaysia.
Following their first court hearings, Said Agil and Kamil refused to answer questions. "Please, wait until next Friday when I present my defense," was all Said Agil would say.
Lawyers for the defendants said their clients could not take all of the blame for payments to state auditors and legislators, because the payments were made by BPIH.
One of the lawyers, Muhammad Assegaf, also said prosecutors could not charge their clients with embezzling money from the Ummah Trust Fund "because the only money they spent came from the interest accumulated by the fund".