http://www.theaustralian.com.au/news/world/susilo-bambang-yudhoyono-steps-in-to-end-trials/story-e6frg6so-1225803448055



Susilo Bambang Yudhoyono steps in to end trials 
  a.. Stephen Fitzpatrick, Jakarta correspondent 
  b.. From: The Australian 
  c.. November 25, 2009 12:00AM 

CRIMINAL proceedings against two graft-busting Indonesian officials will be 
abandoned on the request of President Susilo Bambang Yudhoyono, after a 
nationally televised response to a fact-finding team's report on the affair. 

Although critics blasted Dr Yudhoyono's speech for not going far enough to 
address a spiralling national corruption scandal, they welcomed his 
recommendation that the cases against Chandra M. Hamzah and Bibit Samad Rianto 
be dropped.

"The better solution and option that can be taken is if the police and 
prosecutors do not take this matter to court," Dr Yudhoyono said in a measured 
and often convoluted 20-minute prime-time address. "I believe this solution 
would have more advantages than disadvantages."

Abandoning the prosecutions against Mr Bibit and Mr Chandra was the first 
recommendation of the so-called "Team of Eight", a high-level board appointed 
by Dr Yudhoyono last month to investigate the validity of the police charges 
against the pair.

He was forced to act after demonstrations demanding the resignations of 
Attorney-General Hendarman Supandji, police chief Bambang Hendarso Danuri and 
criminal investigations head Susno Duadji over the "legal mafia" controversy.

The two men were accused of taking bribes in return for abandoning the 
prosecution of a fugitive businessman. However, the nation was brought to a 
standstill some weeks ago when recordings of telephone conversations wiretapped 
by the Corruption Eradication Commission were played in court.

The tapes appeared to prove there had been a plot to fabricate the charges 
against the two, with some of the dialogue also apparently implicating Dr 
Yudhoyono.

There has been a long-running feud between the commission on one hand, and the 
police and attorney-general's department on the other.

The commission, established in 2002, has snared high-profile targets including 
politicians, police and business figures.

However, Dr Yudhoyono's ruling on dropping the cases against the two did not 
amount to an order to do act or an explanation of any legal basis for doing so. 
National police deputy spokesman Sulistyo Ishak responded: "(The request) will 
be followed up. But as to what the next action will be, wait and see."

Legal commentators yesterday questioned the grounds on which the cases against 
the two men could be abandoned, particularly given the ambiguities in much of 
Dr Yudhoyono's speech.

"What has developed has been a significant lack of trust in the police and 
attorney general's department, even involving the social sphere and the lives 
of the people," said Dr Yudhoyono, apparently referring to the demonstrations 
over recent weeks that have been reminiscent of the protests leading to the 
fall of former dictator Suharto in 1998.

"Therefore I have taken into consideration not only the process of law 
enforcement but also other factors such as public opinion, civil unity, the 
common good and the possibility of there being a fundamental difference between 
law and justice."

Related Coverage
  a.. SBY faces grilling on graft allegations The Australian, 1 day ago
  b.. Indonesia set to act on corruption Adelaide Now, 1 day ago
  c.. Bank rescue taints SBY's re-election campaign The Australian, 4 days ago
  d.. Indonesia's gecko-gate The Australian, 5 days ago
  e.. Indonesia amid a perfect storm of corruption The Australian, 6 days ago


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