'Probosutedjo could be cleared of bribery'

'Probosutedjo could be cleared of bribery'

Eva C. Komandjaja, The Jakarta Post, Jakarta

Businessman Probosutedjo could be cleared of bribery charges
despite his confession to having paid bribes totaling Rp 16
billion (US$1.6 million) to get an acquittal, according to a law
expert.

Such a clearance would be possible because Indonesia has
signed the UN Convention Against Corruption, which states that a
reporting person deserves protection, criminal law expert from
University of Indonesia Rudy Satrio said on Tuesday.

Article 33 on protection of reporting persons and Article 37
on cooperation with law enforcement authorities in the convention
state that reporting persons should be provided with specific
help that may contribute to depriving offenders of the proceeds
of crime.

Indonesia signed the convention on Dec. 18, 2003.

Although the House of Representatives has yet to ratify the
convention, 35 out of 113 signatories have ratified the
convention, meaning that the convention comes into effect in
those countries since it only needs at least 30 countries to make
it official.

"It is up to the Corruption Eradication Commission (KPK) to
give a sentence cut or full acquittal to Probosutedjo since he
was the one who reported the bribery to the commission," Rudy
said.

Probosutedjo, a half-brother of former president Soeharto, has
admitted to giving his lawyer Rp 6 billion to bribe the Supreme
Court chief and other court officials dealing with his appeal
against his conviction in the misuse of reforestation funds that
caused Rp 100 billion in state losses.

He was initially sentenced to four years in prison by the
Central Jakarta District Court, but the sentence was later halved
by the Jakarta High Court.

Probosutedjo, who is a director of PT Menara Hutan Buana, also
said he had previously disbursed Rp 10 billion for the judges,
prosecutors and officials of the two courts.

He applied for protection from the KPK last month, saying he
feared for his safety as he had received threats after reporting
the bribery to KPK, which later approved the request.

The Indonesia Corruption Watch (ICW) is among those demanding
that Probosutedjo be prosecuted, citing his insincere motive
because he reported to the KPK only after his attempt failed.

But Rudy said the KPK may consider Probosutedjo cooperative
with law enforcers and therefore clear him from all bribery
charges.

"Besides, he spent his own money, so there were no losses
incurred by the state," Rudy said.

KPK investigators have arrested Probosutedjo's lawyer, Harini
Wijoso, and five officials of the Supreme Court for their alleged
involvement in verdict-buying. The KPK also confiscated some
US$400,000 and Rp 800 million, which is believed would have been
used to ensure he won his appeal.

"Even though he may be protected in the bribery case, he still
can't escape from the other graft case (reforestation funds
embezzlement)," Rudy said.

Separately, Attorney General's Office (AGO) spokesman Masyudi
Ridwan said the deputy attorney general for supervision had
summoned Probosutedjo for a second time after he failed to turn
up after the first summons due to a KPK summons. The meeting is
scheduled for next week.

The questioning has been arranged to clarify Probosutedjo's
statement that he also bribed prosecutors.

The office earlier questioned four of the six prosecutors
handling Probosutedjo's case, who denied receiving money from the
businessman, Masyudi said.

He added that the AGO had extended Probosutedjo's travel ban
for another year due to his graft case. The ban will expire in
October 2006.