http://www.asiasentinel.com/index.php?option=com_content&task=view&id=2926&Itemid=202


A Voyage Into the Darkness of Indonesian Corruption 

Written by Angela Dewan    
Tuesday, 18 January 2011 

The Travels of Taxman Tambunan 


If Jonathan Swift had written a satire on corruption in Indonesia, he couldn't 
have imagined a more farcical plot than that involving Gayus Tambunan. In just 
eight months, the detained civil servant, a mid-level tax official, managed to 
bribe his way out of prison 68 times, fly to at least three other countries in 
a dubious disguise and even bribe his way out of bribery charges. 

A frustrated President Susilo Bambang Yudhoyono Monday demanded an end to the 
affair and issued orders to look into 149 companies said to have benefited from 
the tax official's services, including as much as US$1 billion in taxes 
allegedly evaded by companies controlled by Aburizal Bakrie, the head of the 
Golkar political party and one of Indonesia's richest businessmen. It is a 
story that illustrates how deeply corruption reaches into the Indonesian 
government, including the national police, the courts, the prosecutor's office, 
the immigration department, the prison system, the tax agency and others. It 
has also tarnished Yudhoyono's reputation as a reformer.

Tambunan, back in jail, presumably for a long stretch, was so audacious in his 
antics that he captivated and even impressed Indonesians, who have dubbed him 
SuperGayus in local media - one newspaper even named him Man of the Year.

After several secret jaunts abroad, Tambunan was finally busted when a 
photojournalist covering an international tennis tournament in Bali snapped the 
slippery 31-year-old in the audience sporting an unconvincing wig of lustrous 
black locks and thick-rimmed glasses. 

Tambunan was supposed to be sitting in a police cell awaiting trial for 
accepting Rp28 billion (US$3 million) in bribes to doctor the tax returns of 
three companies linked to the Bakrie Group. He denied for weeks that the photo 
depicted him. "I prefer golf," was his sole response to reporters' allegations 
outside the courtroom. 

When he finally admitted what everyone could see, he showed little 
understanding that bribing his way out of prison, hopping on a plane to a 
resort island and checking into an upmarket hotel with family on illegally 
obtained money was wrong. 

"I had never expected that my leave would trigger such a major controversy," he 
said.

"I have been so stressed since being detained and I thought I would take a 
little vacation because I also saw that several other high-profile detainees 
were allowed to leave."

It wasn't long before the nation found out that it wasn't the first time 
Tambunan had been outside the prison walls. After images of him in disguise 
appeared in the media, a reader of the Kompas daily newspaper wrote a letter to 
the editor saying she had spotted the same man on a flight to Singapore in 
September.

It turned out that the mop-headed, bespectacled man had a name, Sony Laksono, 
and his very own forged passport. Tambunan took romps to China, Singapore and 
Malaysia during his supposed detention.

It seems he will not be worming his way out of prison this time although he is 
certainly still trying. Last week, the disgraced tax official made one last 
attempt to save himself - and his country - from corruption. In his final 
address to the South Jakarta District Court, where he faces 20 years' 
imprisonment, Tambunan offered an unsavory plea-bargain. 

"Make me an expert assistant to the National Police chief, the attorney general 
or the KPK [Corruption Eradication Commission] chairman, and I promise within 
two years Indonesia will be clean," he said. "I will help net the big fish."

The suggestion has been met with ridicule. What the case has exposed, however, 
that rules and regulations can be bent every which way with money and 
bargaining chips to pervert everyday life in Indonesia. The case has become 
much larger than Tambunan himself, involving vast amounts of money and corrupt 
players on all fronts.

A prison warden and guards, for example, were bribed to let Tambunan out of his 
cell; a TV news program allegedly paid a man to pose as a case broker for 
corrupt national police; police officers took bribes to not search Tambunan's 
house for evidence; a businessman bribed a police officer with a Harley 
Davidson motorcycle in exchange for dropping him as suspect in the case; 
immigration officials are being questioned over a passport forgery syndicate; 
and, most disturbing, prosecutors and a judge allegedly accepted billions of 
rupiah to reduce Tambunan's money-laundering and graft charges to embezzlement 
and then acquit him. 

Sink your fishing line anywhere in the putrid pond and you will no doubt come 
up with a catch. And, as Tambunan himself pointed out, there are indeed bigger 
fish to fry although given Indonesia's record, there is precious little 
evidence that any additional frying will be done.

The biggest fish to bite so far is Bahasyim Assifie, former head of 
investigations for the Jakarta Tax Office tax directorate, who is on trial for 
graft after Rp932 billion was found in various family bank accounts. When 
Assifie was put on trial, the jokes about SuperTambunan began to subside - it 
became clear that that there was a lot more to this case than Rp28 billion, a 
comical wig and pair of glasses, and that the corrupt tax mafia was very real.

Just as real is the judicial mafia. Allowing the corrupt judiciary to deal with 
the corrupt tax office has proven a waste of time, and, ironically, taxpayers' 
money.

Almost weekly, another suspect is implicated in this case, which began in 2009 
when the Rp28 billion was found in Tambunan's local bank account. As the case 
becomes more convoluted, it further ridicules Indonesia's democracy and 
Indonesian President Susilo Bambang Yudhoyono, who has won two presidential 
terms on a fervent corruption-fighting platform.

Yudhoyono, Indonesia's first democratically elected leader, won his people's 
approval by backing the effective anti-graft body, the KPK, which prosecuted 
some of the nation's most senior corrupt officials. But the former general 
appears to have lost his zeal for reform when his second presidential term 
began in 2009. 

"In the early stages of Yudhoyono's second term, he publicly said that the KPK 
had too much power and that the KPK must not go unchecked," Erry Riyana 
Hardjapamekas, a former KPK commissioner, told Asia Sentinel. "But everybody 
knows that even the public can check the KPK's performance, and the KPK has its 
own internal controls."

Why Yudhoyono turned on the KPK is not exactly known, but it seems no 
coincidence that he soured at the same time his government became mired in a 
Rp6.7 trillion bank bailout scandal, in which he lost his best minister and 
right-hand woman, then-Finance Minister Sri Mulyani Indrawati. 

With plans to reform Indonesia's frail tax system, Sri Mulyani went 
head-to-head with Bakrie, who in a recent Financial Times story was called 
"Indonesia's shadow president." His family owns the Bakrie Group, to which the 
three companies accused of bribing Tambunan to cook their tax records are 
linked.

With law enforcers who have proven themselves unreliable, hope is now pegged on 
the KPK, which is cooperating with police and has been called on by activists 
to take over the case. 

But after a number of attempts by the corrupt elite and the police to weaken 
the KPK since 2009, it is unclear whether the KPK has retained enough clout to 
take on the tax mafia and its allies.

While no one is interested in Tambunan's offer to clean up Indonesia, the one 
figure that could step in and make a difference is the president - if he has 
now indeed come out of hiding to realign himself with the KPK. 

"He always says he cannot interfere in the legal process," said Hardjapamekas, 
the former KPK commissioner. "But as head of state, the police and others are 
under his command. It's not about interfering but controlling and checking that 
subordinates follow the due process of law."



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