Observers deplore Akbar's release

The Jakarta Post, Jakarta

Lawyers and legal experts said the Central Jakarta District Court made a hasty decision in suspending the detention of Akbar Tandjung, a codefendant in the Rp 40 billion State Logistics Agency (Bulog) graft case.

Noted lawyer Mohamad Assegaf said the judges were unaware of the lack of sanctions for the guarantors of Akbar's release should the House of Representatives Speaker violate the terms of the detention suspension.

"If the guarantee is in the form of bail money, which is very rare, the government could confiscate (the money) should the defendant break the terms of his release. But there are no sanctions imposed in cases of personal guarantees," he told The Jakarta Post on Monday.

The panel of judges hearing Akbar's case released the House Speaker on Friday after one month in the custody of the Attorney General's Office, pending a verdict in the case. The court was responding to a request by Akbar's wife, Krisnina Maharani, who gave a personal guarantee that her husband would not flee or miss any court hearings.

Assegaf urged the government to regulate the implementation of Article 31 of the Penal Code on the suspension of detention by stipulating sanctions for guarantors.

The article states that a defendant may provide a guarantee for their release in the form of money or personal assurances. Assegaf said law enforcers generally preferred a guarantee from spouses or families of defendants or suspects rather than from their lawyers.

Legal expert Harkristuti Harkrisnowo pointed out that the government, which is currently revising the Penal Code, should consider this issue because suspects or defendants could abuse the article to drag out legal proceedings against them.

"Now is the right time ... it's urgent because we have many high-profile cases where the suspects can manipulate the mechanisms. The glaring example is Tommy's case," she said, referring to former president Soeharto's son Hutomo Mandala Putra.

Last year, Tommy went into hiding after being released from detention. His release came after his wife offered her guarantee to state prosecutors that Tommy would not flee as he awaited a decision from the Supreme Court on his request for a pardon.

According to a Supreme Court circular, judges have the right to set the bail for release. Judges must make public any decision to suspend the detention of a suspect or defendant.

Separately, a National Awakening Party (PKB) legislator, Ali Masykur Musa, suggested that Akbar focus on the legal process he is undergoing, rather than resuming his duties as House Speaker.

"Pak Akbar Tandjung should concentrate on his case. Let the deputies take over his duties," Ali, the chairman of the PKB faction in the House, said.

Ali added that it was Akbar's right to return to the House and resume his post, but he should avoid making decisions.

Separately, House Deputy Speaker Soetardjo Soerjogoeritno of the Indonesian Democratic Party of Struggle (PDI Perjuangan) said he did not know if Akbar Tandjung was allowed to leave his home.

"If he is under house arrest, of course he is not allowed to preside over meetings," said Soetardjo.

While he was in custody, there were numerous demands for Akbar to relinquish his post as House Speaker. These demands have subsided because there are no regulations forcing Akbar to step down.

There will be no plenary sessions of the House in the immediate future, with legislators in recess from March 29 to May 10.

Legislators are scheduled to convene on May 13 and discuss a proposal to form a committee of inquiry into the Bulog scandal.

The proposal was submitted last October, but the largest and most influential faction in the House, PDI Perjuangan, insisted on delaying a decision on the issue until May.

The faction said the delay would provide time for legislators to assess the legal process around the case.

Asked if the release of Akbar would change PDI Perjuangan's stance, Soetardjo said he hoped his party would back the establishment of a committee of inquiry.