Jakarta – The Indonesian government's inability to drag a son of former strongman Suharto to jail is further damaging its authority and the country's already weak law enforcement record, analysts said here Wednesday.
More than 36 hours after an official deadline elapsed for Hutomo "Tommy" Mandala Putra, Suharto's youngest and favorite son, to turn himself in to serve a 18-month jail sentence for corruption, his alloted cell at Jakarta's high-security Cipinang jail remained empty.
"Public confidence in our judiciary system is already so low and this Tommy case is bringing no good to the image of our judiciary system or to the government's ability to uphold the law," said Asmara Nababan, the secretary general of the National Commission on Human Rights.
"If we fail to arrest and jail Tommy, it would be the end of our existence as a state of law. The state of law that our founding fathers aspired to, will only remain a dream," added rights lawyer Frans Winata.
MP Aberson Sihaloho of the election-winning Indonesian Democracy Party-Struggle (PDIP) called the Tommy case "a test for the state". "Is it true that the supremacy of law can be upheld for everyone regardless of their race, status or position? This is now the test," Sihaloho said. Failing the test would mean that "the state will be left with no authority at all," he added.
Tommy's lawyers have used every trick in the book to delay the jailing of their client, first citing lack of legal documents and later claims that Tommy had been issued a death threat if he enters jail.
They said a photocopy of the decree rejecting Tommy's plea for a pardon from President Abdurrahman Wahid was legally unacceptable. "I must admit that I am not suprised at the turn of events," Nababan said. "It is the logical consequence of the reality that both the regulations and laws, and the law maker and enforcers, are mostly part of an heritage of the New Order," Nababan said. The New Order refers to the three decades of government under Suharto which were marked by rampant corruption.
Winata also echoed Nababan, saying: "There are so many cases of corruption, collusion and nepotism in our judiciary system." He pointed to the court decision last month to halt the corruption trial of the former dictator Suharto long before the charges were read out against him.
A developing country, Indonesia's judicial system was full of loopholes, and anyone unscrupulous enough could use them to their advantage, Winata said. "It is also a question of morality and a lack of sense of responsibility both towards the development of democracy in Indonesia as well as the recovery of the economy," Winata said.
Coordinating Minister for the Economy Rizal Ramli said the inability of the authorities to jail Tommy would further undermine investors' confidence in the rule of law here. "I ask for an arrest as soon as possible, so as to prevent rising legal uncertainties because this will have an effect on the economy," Ramli said according to the Detikcom online news service.
Tommy, 38, was declared a fugitive on Tuesday after he failed to surrender to authorities by midnight Monday to serve an 18-month jail sentence handed down by the Supreme Court.
The Supreme Court overturned acquittals by two lower courts on September 22 and found Tommy and his business partner Richard Gelael guilty of causing the state 10.7 million dollars in losses through a land swap scam. While Gelael turned himself in on Friday, Tommy, a wealthy business magnate and a keen car racer, has remained free.