Surabaya judge cleared of bribe scandal

JAKARTA (JP): The Supreme Court has cleared a top Surabaya judge from allegations that he accepted bribes in acquitting three businessmen from tax evasion charges.

Judge Sarwono, formerly deputy chief of the Surabaya court, however, has been disciplined for "misconduct" and has lost his chances of promotion to become the head of the district court in Medan.

Chief Justice Purwoto Gandasubrata yesterday announced to the press the results of the investigation by the Honorary Council of Judges into allegations that Sarwono took bribes from the businessmen.

The investigation, conducted jointly with a team from the Ministry Justice, found no evidence that Sarwono was paid off in acquitting the defendants early this year.

Officials in Jakarta, even President Soeharto, were dismayed at the acquittals which they said dented the government's vigorous campaign against tax evaders. They said the court rulings made a mockery of the government's drive to collect more taxes to replace dwindling revenues from oil exports.

The three tax evasion cases were similar in that the defendants had claimed and received rebates on value added taxes paid for exported goods. The cases caused losses amounting to $2.7 million to the state.

Chief of the Surabaya prosecutor's office later accused Sarwono of taking bribes, pointing to a Rp 100 million ($48,000) Toyota sedan as evidence.

This accusation prompted the Supreme Court and the Ministry of Justice to launch an investigation which later cleared the judge of the accusations.

"He (Sarwono) was able to account for the funds he used to pay for the car," Purwoto said.

He said however that during the course of the investigation, it was discovered that Sarwono had violated a number of the judges' code of ethics throughout his career so it was decided to discipline him.

He declined to give details of the violations, saying that they are not for public ears.

"We will put him in the Supreme Court for non-judicial assignments," he said, adding that Sarwono had lost the chance to be promoted to head the Medan District Court.

He added that whether Sarwono would be allowed to try cases in court again depends on whether the judge can regain the trust of his superiors.

Purwoto said all three tax evasion cases have reached the Supreme Court following appeals from the Surabaya prosecutor's office. The Supreme Court will review the verdict, he added.

Purwoto was speaking at his office yesterday after inaugurating four new members of the Tax Council, a body that reviews tax appeals.

The four new members are all representatives from the Indonesian Chambers of Commerce and Industry: Sotion Ardjanggi, Ibnu Soedjono, Mahfud Jakile and Suryani Sidik. They replace H.M Nawawi, Lukmansjah Masputra, Rosita Noer and Soeharto Prawirosujanto. (05)