Judges' discretion adds to public distrust in court

Judges' discretion adds to public distrust in court

The Jakarta Post
Jakarta

As another prominent convicted corrupter is allowed to walk
free as he waits an appeal, legal experts say that though such
court decisions may be legitimate, they only reinforce criticism
that money and power buys the favor of Indonesian judges.

The case of Akbar Tandjung, speaker of the House of
Representatives and also chairman of the Golkar Party, is another
example that justice is not above all else.

While a petty criminal, sentenced to six-month jail for
stealing a neighbor's chicken, would go directly to jail, Akbar,
convicted of stealing Rp 40 billion from the State Logistics
Agency (Bulog) and sentenced to three-years jail, will remain
free until his appeal is settled by the Jakarta High Court or the
Supreme Court.

And, despite the conviction, Akbar has even maintained his
positions both as House speaker and Golkar chairman.

Thus since Wednesday Indonesia has likely become the only
country where its legislature is led by a convicted criminal
awaiting jail.

Akbar, however, is only the latest in a number of high profile
cases where judges have allowed convicted criminals to remain
free after they appealed.

In March, Bank Indonesia Governor Sjahril Sabirin was
sentenced to three years jail for graft.

But he was not sent to jail, and even continued to serve as
the governor of Bank Indonesia, the central bank.

Last week the Jakarta High Court overturned the verdict.

"That's what you get when you leave it up to the judges," said
legal expert Pradjoto, who in 1999 helped uncovered the graft
scandal at Bank Bali, which led to Sjahril's trial.

A judges' authority to immediately place someone in jail after
finding them guilty rests with the Criminal Code.

They may however also defer the jail term at their own
discretion.

This discretionary power first came to the public's attention
in 2000 when Hutomo "Tommy" Mandala Putra was found guilty of
graft. Tommy then fled.

Former president Soeharto's youngest son remained at large for
a year, during which time he ordered the murder Justice
Syafiuddin Kartasasmita of the Supreme Court who sentenced him to
18-months jail for corruption.

Police arrested Indonesia's most wanted in November 2001 and
he was again convicted, this time for 15 years for ordering the
killing.

Tommy's codefendant in the graft case, former Bulog chief
Beddu Amang, was sentenced to two-years jail which the High Court
later increased to four years. However, he was not taken into
custody and still remains free pending his appeal to the Supreme
Court.

David Nusa Wijaya, a former director of the now-defunct Bank
Servitia, was sentenced in March this year to a one-year jail
term but fled as he awaited his appeal. He remains at large.

Former Supreme Justice Adi Andojo Soetjipto said judges often
assumed that respectable state officials or other prominent
people were unlikely to run away, commit other crimes or
eliminate evidence.

"With ordinary thieves there may be plenty of reasons to
believe they may run or reoffend," Adi said.

His statement comes amid widespread criticism that the
country's judiciary is infested with corruption and political
interference. Analysts say this has eroded public confidence in
the judiciary and was behind the widespread lynching practices.