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Graft trial confuses prosecutors and media

| Source: JP

Graft trial confuses prosecutors and media

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

Many unexpected things can happen in Indonesia's notorious
courtrooms and it is not just controversial verdicts that run
contrary to people's sense of justice.

On Tuesday, prosecutors presented a sentence recommendation
for a corruption case involving defendants Hendra Rahardja, Eko
Edi Putranto and Sherny Konjongian formerly with the now-defunct
Bank BHS.

They asked the Central Jakarta District Court to give Hendra a
life sentence, and 20 years each for Edi and Sherny. The
prosecutors also demanded the defendants to pay Rp 1.95 trillion
(US$195 million) in compensation.

The defendants, all of whom are on the lam, are being tried in
absentia for misappropriating Bank Indonesia Liquidity Credit
funds from 1993 to 1997 and the Bank Indonesia Liquidity Support
money from 1997 to 1999.

However, much to the surprise of many activists, the
recommendation did not state clearly the total amount of money
the defendants had misused.

At one point, the prosecutors said the state had suffered Rp
2.6 trillion in losses, and later they said the losses amounted
to Rp 1.95 trillion. In the same document, they said the
defendants had caused the state losses of Rp 305 billion and
US$2.304 million.

As a result, many trial observers were confused. Many
reporters wrote that the total state losses amounted to Rp 2.6
trillion, while the rest reported the Rp 1.95 trillion figure.
There was also a newspaper report that the total of the losses
was Rp 3.2 trillion as the reporter apparently added some of the
figures together after converting the dollars.

When prosecutors were asked about the confusing figures, one
of them, Andi Rahman Asbar, said, "it has been stated in the
recommendation."

The incident seemed to confirm the allegation that legal
people here understand little about banking and economics.

In 2000 the Attorney General's Office said it would send 80
suspects to court for misusing the Bank Indonesia Liquidity
Support Fund (BLBI). But to date, only 12 people have been tried.

Some doubt law enforcers' capability to address the problems
due to their limited knowledge of the banking system and its
regulations.

The State Audit Agency revealed in 1999 that 95 percent of the
Rp 144.5 billion Bank Indonesia Liquidity Support extended to 48
private banks had been misused.

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