Anita Rachmanp, Jakarta – Anti-graft commissioners Bibit Samad Rianto and Chandra M. Hamzah may not have escaped trial on allegations of extortion after all.
The new attorney general, Basrief Arief, told lawmakers at a hearing at the House of Representatives on Wednesday that he would reconsider whether to drop the criminal charges laid against the two deputies from the Corruption Eradication Commission (KPK).
In October, the then-acting attorney general, Darmono, announced his office had decided to drop the charges against the two commissioners. He used the old Dutch legal principle known as deponering, which allows prosecutors to drop criminal charges if it is considered in the public interest.
Basrief, however, said Darmono's decision still needed to be weighed up, adding that the former attorney general should have waited until all other state institutions had been consulted over the issue.
"The deponering was an institutional decision made by my colleagues at the Attorney General's Office. For me, I will reexamine it," he told House Commission III, which oversees legal affairs, adding that three institutions – the National Police, Supreme Court and Constitutional Court – had already agreed to the deponering option.
A businessman, Anggodo Widjojo, last year accused Bibit and Chandra of extorting Rp 5.1 billion ($565,000) from him in exchange for halting a graft probe into his brother, Anggoro Widjojo.
However, recordings from wiretaps indicated the charges had been fabricated by Anggodo, who is now serving a four-year jail sentence for trying to bribe the officials.
Some factions in the House have opposed the decision to drop the charges against the two commissioners, saying Bibit and Chandra should stand trial so the truth can be revealed once and for all.
Benny K. Harman, chairman of House Commission III, said the deponering maneuver would not remove the stigma of the criminal charges. "Deponering will make Bibit and Chandra suspects for the rest of their lives," the Democratic Party legislator said. "Thus, we urge the attorney general to use another legal instrument."
Basrief said he would wait for House Commission III's final findings on the case before making the decision on whether to continue with the deponering or to explore another option.
Darmono, who is now the deputy attorney general, said Basrief would only re-examine the reasons behind the decision to issue the deponering and make sure everything was properly carried out and met "public interest" criteria, as required.
"We hope that it will not change," he said. "The House is not in the position of being able to agree or disagree. They are in the position of giving opinions. Essentially, that decision has already been made," he added.
Darmono said the controversy surrounding the deponering maneuver was normal, adding that it was only natural people had different opinions on the issue.
Benny said Commission III would hold a meeting to discuss the matter before issuing an official stance on the deponering decision.
He said that while the deponering could have a negative effect on the deputies, he conceded that the Attorney General's Office also needed to consider the KPK's agenda in fighting corruption and also protecting Bibit and Chandra's basic rights.