Law enforcers told bring corruptors to justice

Muninggar Sri Saraswati, The Jakarta Post/Jakarta

Legal experts urged law enforcers on Tuesday to try graft suspects in absentia and seize their assets in order to serve justice and recover state funds.

HP Hutabarat, a retired judge, said in absentia trials were allowed for in the country's graft laws. The only problem "is the lack of courage and political will of law enforcers to try suspects in absentia", he said during a discussion here.

Hutabarat, who handled several in absentia cases while on the bench, pointed to graft laws No. 3/1971, No. 31/1999 and No. 20/2001, all of which allow for in absentia trial for suspects fail to answer court summons.

Hutabarat, Chairul Imam, the prosecutor who handled the graft case against former president Soeharto, and Foundation of the Indonesia Legal Aid Institute chairman Munarman all said in absentia trials were necessary to recover state funds. They added that these trials would help deter other corruptors.

Chairul said it would be easier for the country to seize the local and overseas assets of graft suspects if they had already been tried and convicted in absentia.

"Indonesia has signed the UN Convention on Corruption, which requires member states to establish mutual legal assistance. Signatories could seize the assets of alleged Indonesian corruptors abroad if these suspects have already been investigated," he said.

Munarman said most high-profile corruptors were now living comfortably abroad.

"The country would not be violating the rights of suspected corruptors by trying them in absentia because graft is considered an extraordinary crime," he said.

Hutabarat criticized prosecutors for not seizing the assets of suspected corruptors and their families, or freezing their accounts once their trials begin.

"I don't understand why prosecutors do not take these measures," he said.

The experts pointed to the example of Hendra Rahardja, who fled to Australia to avoid being jailed for corruption.

Hendra was sentenced to life in prison for embezzling Rp 1.95 trillion of taxpayer money distributed to two of his banks as liquidity assistance by Bank Indonesia during the economic crisis in 1997.

After intense negotiations with Australia, which has no extradition treaty with Indonesia, the government was only able to recover some US$650,000 of the $120 million in assets Hendra had moved to Australia before his death.

Indonesia faces similar difficulties in its attempts to arrest and seize the assets of alleged corruptors who flee abroad.