'Improve intelligence unit to find Tommy'

'Improve intelligence unit to find Tommy'

The police's weeklong involvement with Tommy's (son of former
president Soeharto) bunker has captured the nation's imagination
while Tommy still remains at large. Legal expert Harkristuti
Harkrisnowo says that the police must improve their intelligence
unit in order to find the fugitive.

Question: Although it sounds less than tactful, the police
have announced on several occasions their plans in finding Tommy
(Hutomo Mandala Putra), what do you think?

Answer: This relates to intelligence. I wonder why the police
feel they have to inform the press about the plan. It's not
particularly intelligent behavior if the police always announce
their plans. It seems to me that the police simply want to show
that they are doing something.

I don't understand their thinking. They should have said that
they would do something, without elaborating.

I understand why journalists, on the other hand, are always
seeking news. It's their job and it's hard to avoid the press.
But there should have been attempts made not to leak information
to the press. Let the press wait and see. If they announce their
plans, the fugitive will obviously flee.

Since the police announced, in advance, the drilling of the
bunker, do you think there is a hidden plot in this case?

I'd say that the public may speculate that there is something
askew. It's so obvious when the press report the plan on the day
the police start drilling. Again, it's clear that the police
shouldn't have informed the press about their action. It would be
wise for them to take a low profile. I don't have any idea as to
whether they informed the press on purpose. It just becomes
dubious if the police don't realize the impact (of providing
information to the press prior to their actions) of their
actions.

What do you think about the breaking in of the bunker, does
such an action need any warrant?

The law in Indonesia does not really recognize the role of a
judge in seizing property. Compared to the U.S. or East Timor,
for instance, search warrants must be approved by
judges. Here, investigating officers are free to do any related
action as long as it is considered useful.

So, from the legal point of view, we don't have any clear
regulations on this matter. It is not clear if it (the breaking
of the bunker) is illegal. The police also have the right to
carry out related actions in the investigation.

In the future, when we have a truly workable judiciary system,
it is important to give the courts the right to provide warrants
for the police in taking forceful action.

How do you see the escape of Tommy?

Firstly, the prosecutors' office is the most responsible
party. I think the public have been well informed, that through
his lawyers, Tommy said he was unwilling to go to prison. He said
that he was threatened. This showed that he didn't want to go to
jail. The prosecutors' office should always have been alert. It's
not a very bright thing to do, giving a convict the chance to
escape.

So it's normal if the public may have thought, despite whether
it is true or not, that there is foul play behind this case.

What things may have happened behind the scenes, particularly
after President Abdurrahman Wahid (Gus Dur) declined Tommy's
appeal for a pardon?

Personally, I don't have any idea about the reported meeting
between Gus Dur and Tommy at Hotel Borobudur, and what it meant.

It's not proper for Gus Dur to meet Tommy as a convict. In
addition, although he is a cleric, Gus Dur is the President of a
nation and the meeting was held outside an official location.

This isn't normal and has naturally prompted public
speculation.

In addition, there was a period after the rejection (of
Tommy's appeal for a pardon) and before Tommy was found to be at
large. Again, I think the prosecutor's office should have been
able to do something, for instance, by arresting Tommy
immediately after the rejection.

As you see, there are many abnormalities in this case, what
will the impact be to our legal system?

Yes, there are so many improprieties here that make many,
including myself, think that some parties are not really serious
in upholding the supremacy of the law.

The impact is very bad. Some people may think that the law is
discriminative. They may think that, as a son of a former
president, Tommy is untouchable.

But last September, the Supreme Court did sentence Tommy to 18
months in prison for his involvement in a land exchange deal with
the State Logistics Agency (Bulog) in 1995. Though some people
think this is only a trivial case, at least it shows that someone
belonging to the former first family can be taken to face
trial...

Yes. I'd say, however, that it's not a matter of how big or
small the case is. Tommy is not the only one who wielded power in
the past. Now we see that some important people in the past are
also being brought to trial.

But this will be a kind of test case. Are we able to handle
these cases and bring justice? People will be even more
disrespectful and disobedient to the law when they find out that
there is no justice. There will instead be street justice.

Do you think that people will take justice into their own
hands when the nation fails to show the justice they want to see?

People are seeking real facts. The police and the prosecutors'
office must show they are serious in their duties.

In the case of Tommy, the intelligence unit must work harder.
I know it is expensive. But can't they do something? At least
they could seek some help from psychics? (I. Christianto)