'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.