VP, experts urge speedy handling of Akbar case

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.