Latest graft cases 'not a deterrent'

Latest graft cases 'not a deterrent'

Muninggar Sri Sarawati, The Jakarta Post, Jakarta

Despite being one of the most corrupt countries in the world,
Indonesian officials continue to drag their feet in efforts to
combat the crime.

In the latest corruption case, the Central Jakarta District
Court seemingly got tough by sentencing a former bank president
to life, and his two accomplices to 20 years in jail each.

But will the harsh sentences deter corruption?

Legal experts say no. First, because Hendra Rahardja, former
president of the now defunct BHS Bank, Eko Edi Putranto, the
former bank commissioner and director Sherny Konjongian were
tried in absentia.

Second, because of the inconsistency of the court rulings,
which could result in legal uncertainty.

Lawyers Todung Mulya Lubis and Frans Hendra Winata were both
skeptical that court verdicts could stop white collar criminals.

Legal inconsistencies are evident as shown by the wildly
different sentences imposed on corruptors.

Before Hendra and the other two defendants were sentenced for
misusing Rp 2.6 trillion (US$260 million) of government funds,
the same court had sentenced Bank Indonesia Governor Sjahril
Sabirin to three years in jail for his involvement in Bank Bali
scandal that cost the state Rp 904 billion.

On March 5, the West Jakarta District Court sentenced former
director of Bank Umum Servitia, David Nusa Wijaya, to one year in
jail and ordered him to repay the misused money of Rp 1.27
trillion to the state.

"Those cases caused huge financial losses to the state. Why is
it that one court sentence for a defendant is life, while another
is only one year?" Frans questioned.

Last year, the Berlin-based Transparency International ranked
Indonesia the fourth most corrupt country in the world, after
Uganda, Nigeria and Bangladesh.

Both Frans and Todung emphasized that law enforcers,
especially prosecutors and judges, must view corruption as the
country's number one enemy.

This idea should be sustained by all judges, not just in the
lower court, but also in the High Court and the Supreme Court.

There are many cases in which the higher court reduced the
sentence of the lower court, or even overturned the verdict in
favor of a suspect. A president can also grant a pardon.

"A harsh jail term is not enough. If there is an allegation
about a corruption case, the government must immediately seize
and freeze the suspects' properties and assets, so corruptors
would learn that the country is really serious about fighting
graft," Todung said.

In its rulings, the district court should also order the
prosecutor to seize the assets and sell them right away for a
fair market price and turn the proceeds over to the state.

The judges have the right to make such an order, even though
there is not a permanent law in place as yet for seizing
corruption defendant's assets. "But judges hardly ever do so,"
Todung said.

On Thursday, the South Jakarta District Court ordered Hartono
Mardjono, former executive of the Crescent Star Party (PBB) to
pay Rp 2.8 billion to Yusril Ihza Mahendra, the party chairman
and Minister of Justice and Human Rights, for illegally using the
party's name. The court ruled that Mardjono had to immediately
make the payment, despite the fact that he may still appeal the
decision.

Court settlement of some major corruption cases

Defendant: Budiadji, former Kalimantan Logistics Agency head
(Dolog). Case: Misuse of Rp 7.7 billion of Dolog's fund. Legal
status: Sentenced by Balikpapan District Court to life for
subversion in 1977, freed in 1988 after spending 12 years in jail.

Eddy Tanzil, former president of PT Golden Key. Manipulation
of Rp 1.3 trillion. C. Jakarta District Court gave him 20 years in
jail in 1994. He escaped from jail after serving the sentence for
two years.

Nurdin Halid, former chairman of Ujung Pandang cooperative
association (Puskud). Manipulation of Rp 115.7 billion of Puskud
fund. Ujung Pandang District Court acquitted Nurdin from graft
charge in 1999

Tommy Soeharto, former commissioner of PT Goro Batara Sakti
(PT GBS) Manipulation of Rp 95.4 billion in Bulog land scam deal.
S. Jakarta District Court acquitted him from corruption charge in
1999. Supreme Court sentenced him to 18 months in jail. In 2001,
Supreme Court shifted its earlier decision, declaring Tommy not
guilty.

Ricardo Gelael, former executive of PT GBS. Manipulation of
Rp 95.4 billion in Bulog land scam deal. S. Jakarta District Court
acquitted him from corruption charge. Supreme Court sentence him
to 18 months in jail. He was released last August after spending
11 months in jail.

Djoko S. Tjandra, former director of PT Era Giat Prima.
Manipulation of Rp 904 billion Bank Bali scandal. S. Jakarta
District Court acquitted him from graft charges in 2000.
Supreme Court upheld the verdict.

Pande N. Lubis, former deputy chairman of IBRA. Manipulation
of Rp 904 billion Bank Bali scandal. S. Jakarta District Court
acquitted him from graft charges in 2000. His case is currently
being handled by Supreme Court.

Muhammad "Bob" Hasan, former director of PT Mapindo Parama
Manipulation of US$244 million of forestry funds. C. Jakarta
District Court sentenced him to 2 years in jail for US$ 75b
corruption last year. Supreme Court increased the term to six
years. Supreme Court is reviewing the case.

Sapuan, former deputy chairman of Bulog Manipulation of Rp
35 billion. S. Jakarta District Court sentenced him to 2 years
in jail in 2001.

Suwondo, former president Abdurrahman Wahid masseur.
Manipulation of Rp 35 billion. N. Jakarta District Court
sentenced him to 3 and a half years in jail.

Beddu Amang, former chairman of Bulog. Manipulation of
Rp 95.4 billion. S. Jakarta District Court sentenced him to 2
years in jail in 2001. He is not detained, the appeal is being
handled by the Jakarta High Court.