http://thejakartaglobe.com/home/indonesian-president-calls-for-corruption-case-to-be-dropped/343440

November 24, 2009 
Nivell Rayda & Heru Andriyanto

 
Suspended Corruption Eradication Commission deputy Chandra M Hamzah, right, 
warily watching President Susilo Bambang Yudhoyono's nationally televised 
speech at the commission's office in Jakarta. (Photo: Safir Makki, JG)

  

Indonesian President Calls for Corruption Case to Be Dropped


President Susilo Bambang Yudhoyono on Monday publicly outlined a face-saving 
solution to the months-long scandal engulfing the country's law enforcement 
agencies, saying he believed the best option was for the case against two 
antigraft leaders not to be taken to court.

In a statement broadcast nationwide, Yudhoyono said that as head of state it 
was not within his authority to halt the National Police's investigation into 
or the Attorney General's Office's prosecution of the case.

He was referring to the case against Corruption Eradication Commission (KPK) 
deputies Bibit Samad Rianto and Chandra M Hamzah, whom the police suspect of 
extortion and abuse of power. The case came under intense public scrutiny after 
the Constitutional Court played back recordings of telephone conversations, 
wiretapped by the KPK, that appeared to show efforts to fabricate charges 
against the pair.

"The other better solution and option that can be taken by the police and 
prosecutors is to not take this case to court, while continuing to abide by the 
principle of justice," Yudhoyono said. 

It is a week since the president received a recommendation, from a team he had 
set up to look into the case, that the police and prosecutors drop the charges 
against the two deputies. His comments echoed those he made on Sunday at a 
gathering of media editors.

Yudhoyono did not elaborate on how the police could halt their investigation or 
the Attorney General's Office drop the case.

His comments were seen by some as deliberately vague, but are likely to be 
understood within the law enforcement agencies as tantamount to an order for 
the case to be halted.

Minutes after the speech, Marwan Effendy, the deputy attorney general for 
special crimes, said his institution "understands the president instructed an 
out-of-court settlement, and let us decide how to do this."

He said that the better of the two options presented would be to use the AGO's 
right to declare a case unworthy of trial.

"We will first declare that the case is complete, that we have evidence against 
the suspects, but the case was just not worth trying," he said. "We will 
instruct the district office to drop the case."

But National Police deputy spokesman Sulistyo Ishak said: "We will first study 
the president's order. It will be followed up. But as to what the next action 
will be, just wait and see."

He would not comment further, but a senior police official, who declined to be 
named, told the Jakarta Globe the only legal avenue for the police was to 
freeze the case. "We would neither stop nor process" the cases, the source said.

In his statement, Yudhoyono said he had initially believed that it was best for 
Bibit and Chandra to face trial, "on condition that the investigation and the 
prosecution process got strong public support and, of course, that these 
processes be fair, objective and based on strong evidence." 

However, what developed was instead a strong public distrust of the police and 
prosecutors, he said, adding that therefore other factors had to be taken into 
account, citing public opinion, social cohesion and the likelihood of a gap 
between the law and justice.

Taufik Basari, the lawyer for Bibit and Chandra, said the president's remarks 
needed further examination and explanation. 

"We still don't understand what [Yudhoyono's] decisions are. There is still 
nothing that we can hold on to," he said.

"I sense that he wants the case to stop but to leave it to the police or the 
AGO to determine the exact mechanisms for how the case should be dropped."

Additional reporting by Camelia Pasandaran & Farouk Arnaz




Related articles
Whatever You Call Them, Indonesia's Case Brokers Under Fire
12:44 AM 23/11/2009

Lacking Evidence, Police Invite KPK to Probe Anggodo
11:36 PM 20/11/2009

My Jakarta: Mohammed Fauzi, Antigraft Activist
7:33 PM 19/11/2009

Few Sparks, But Still No Consensus on KPK as Indonesia Lawmakers Meet
1:36 AM 19/11/2009

Ary Muladi Seeks Protection in Indonesia Antigraft Scandal
11:05 PM 16/11/2009








[Non-text portions of this message have been removed]

Kirim email ke