Law enforcers told bring corruptors to justice

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.