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Central Java higher court acquits 18 corruption suspects

Source
Jakarta Post - May 3, 2011

Agus Maryono, Banyumas – Eighteen graft defendants previously convicted by district courts across Central Java have been acquitted by the Central Java High Court, inciting anger among anti-corruption activists in the region who have accused the high court of not being serious about fighting graft.

Central Java Corruption, Collusion and Nepotism Eradication and Investigation Committee (KP2KKN) secretary Eko Haryanto said the high number of corruption suspects being acquitted was an indication of a lack of professionalism in upholding the law in the region.

Eko, however, did not blame the condition solely on the judges, saying that investigators may also play a role.

"They probably weakened the evidence so much that it was difficult for the judges to prove that corruption actually happened," Eko said in a statement Monday.

He added that the 18 acquitted corruption suspects were those who filed appeals with the high court against their sentences in the period from 2009, 2010 to the first quarter of 2011 by the district courts.

In 2009, out of the 78 corruption cases tried at the district courts for which appeals were filed with the Central Java High Court, 10 were successful (meaning that the defendants were acquitted), 26 were adjusted (meaning that the sentences were either reduced or increased) and 42 were upheld (meaning that the sentences were maintained).

The following year, 2010, out of the 61 district court cases appealed to the high court, six were successful, 19 were adjusted, 35 were upheld and the appeal of one was withdrawn.

This year as of March, out of 21 corruption cases for which appeals were filed, two were successful, seven were corrected, five were upheld and the remaining seven are pending.

Eko Haryanto said that high court judges actually had the right to pass heavier sentences than handed down by the district courts. "But so far the right has not been exercised," he said.

Central Java High Court spokesperson Soedarmadji said the judges had their own considerations in deciding a corruption case. Among the considerations are the case itself, how legal facts are applied and whether an incorrect legal consideration played a role in a district court's ruling.

"What the high court judges do is improve the quality of the sentences, including considerations used, so as to create a deterrent effect for embezzlers and caution others against corrupt practices," Soedarmadji said.

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