VP, experts urge speedy handling of Akbar case

Muhammad Nafik and Fabiola Desy Unidjaja, The Jakarta Post, Jakarta

Vice President Hamzah Haz and legal experts called on Tuesday for the speedy handling of House of Representatives Speaker Akbar Tandjung's appeal against his conviction for corruption to ensure legal certainty and to prevent political instability.

Hamzah said he hoped the case, which has sparked a battle between Akbar's supporters and opponents, could be settled within two months to three months instead of the usual six.

"The legal process should be prioritized because the issue is crucial," he told journalists after opening a seminar on autonomy for higher education at his office in Jakarta.

Legal experts made a similar call on Tuesday for the quick processing of Akbar's appeal, saying the move would stop Akbar from buying time to retain his top position in the House, despite the fact that his credibility had been significantly eroded.

For as long as Akbar remained free, a long delay in handling the appeal could allow him to "persuade" judges in the higher court to annul his conviction, they added.

To prevent such a thing from occurring, lawyer Luhut M. Pangaribuan suggested that the Jakarta higher courts should speed up the handling of Akbar's appeal.

"But the law contains no guidance on how quickly such a case should be settled. It depends largely on the subjectivity of the judges who handle the case," Luhut added.

Former Supreme Court justice Muladi, who also once served as the justice minister, said it ought to be possible to conclude the processing of Akbar's appeal within three months by the Jakarta High Court and another three by the Supreme Court.

"It is very important to provide legal certainty," he told a seminar on Monday organized by the National Awakening Party (PKB).

Public pressure has been mounting for Akbar to step aside after being sentenced on Sept. 4 to three years in prison for appropriating Rp 40 billion (US$4.5 million) in state funds.

He remains free, however, pending his appeal to the Jakarta High Court or maybe the Supreme Court. If the appeal were to be subject to the normal process, it could take months or even years to complete.

The convicted House speaker has also defied escalating demands for his resignation, while legislators from the Golkar Party, which Akbar chairs, have warned that attempts to depose him could create political instability, as the party was preparing retaliatory maneuvers.

A group of 72 legislators (not 79 as reported by this paper on Tuesday) has submitted a petition to the House to seek the temporary suspension of Akbar, arguing that his conviction for graft has made him unfit to lead one of the nation's high institutions.

Responding to the no-confidence motion against Akbar, Hamzah, also chairman of the United Development Party (PPP), urged all factions in the House to use their discretion to settle the Akbar case swiftly.

However, he declined to say whether his party would weigh in behind the petition.

According to legal experts, a convicted person is not obliged to serve his jail term until the final verdict has been issued by a higher court or the Supreme Court. Yet they stressed that Akbar should have acted ethically by voluntarily relinquishing his post.

"Akbar should not hide behind the law. He should use his conscience to resign. Political ethics dictate that a convicted person is deemed unfit to serve in any state position," prominent former Supreme Court judge Adi Andjojo Soetjipto told The Jakarta Post.

"A failure in leadership should encourage a figure to resign, let alone a conviction," he added.

Luhut Pangaribuan said Akbar was "making use of loopholes" in the Criminal Code to avoid having to surrender his post in the House.

Luhut said the law should be revised to allow a convicted person to be sent directly to jail, regardless of whether or not an appeal had been lodged.