Judges' discretion adds to public distrust of courts
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 three-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.