Observers deplore Akbar's release

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.