Sat, 03 Dec 2005

KPU treasurer sentenced to four years in prison for graft

The Jakarta Post, Jakarta

The Anticorruption Court sentenced General Elections Commission (KPU) treasurer Hamdani Amin to four years in prison for graft on Friday, making him the third official of the poll body sent to jail so far for the collective crime.

The panel of judges presided over by Kresna Menon found Hamdani guilty for his role in the appointment of an insurance company to provide occupational accident coverage for 5.7 million election workers during the 2004 general elections through a fictitious tender and collection of a kickback from the firm.

Prosecutors had recommended four years and six months for Hamdani.

Hamdani was also fined Rp 300 million (US$30,000) and has to pay Rp 5 billion in restitution to the state. Two of the five judges had demanded that Hamdani pay Rp 13.4 billion in restitution.

"Based on the facts that emerged during the trial, the panel of judges found that the defendant had abused his power to enrich himself, others or companies," Kresna said.

The judges learned that Hamdani picked insurance company PT Bumi Putra Muda 1967 upon the instructions of KPU chairman Nazaruddin Syamsuddin, who is facing an eight-year prison term for the case. But they found that Hamdani's choice of his subordinate Heru Hermawanto to administer the tender was against the law as it took place after the KPU and the firm had struck a deal.

"All the required documents, such as bidding notification, auction letter and other documents were fictitious. It was against Presidential Decree No. 80/2003 on the provision of goods and services for state institutions," judge Dudu Koswara said.

He added that the defendant had received a discount from the insurance firm amounting to US$563,190, which he failed to report to the state treasury.

Judge Sutiono said the amount went to Nazaruddin ($45,000), KPU acting secretary-general Sussongko Suhardjo ($30,000), KPU member Daan Dimara ($30,000) and former KPU secretary-general Safder Yusacc ($30,000).

Hamdani had told the court all nine KPU members, including Hamid Awaluddin, Anas Urbaningrum, Valina Singka Subekti and Chusnul Mariyah, received kickbacks. The Corruption Eradication Commission (KPK) however excluded the four from prosecution.

Hamid is the Minister of Justice and Human Rights, while Anas quit the KPU to join President Susilo Bambang Yudhoyono's Democrat Party.

The court had previously convicted KPU member Mulyana W. Kusumah and Sussongko for attempting to bribe a state auditor to overlook irregularities in the KPU finances. The case surfaced after KPK investigators caught Mulyana in a Jakarta hotel room offering the bribe.

The bribery attempt triggered a sweeping investigation into the KPU, resulting in a series of arrests that shocked many people as many of those apprehended were respected members of the community who were believed to be clean.

KPU had previously been praised for administering last year's polls, dubbed the most democratic election ever in the country.

Apart from Nazaruddin, Safder, KPU member Rusadi Kantaprawira and KPU deputy treasurer H.M. Dentjik are also standing trial for graft.

Commenting on the verdict, Hamdani said he would consult his lawyers before deciding whether or not to appeal.