Kurniawan Hari and A'an Suryana, Jakarta – The suspension of the detention of corruption suspect and House of Representatives Speaker Akbar Tandjung may have been in accordance with the country's laws but has severely offended people's sense of justice.
Noted lawyer Frans Hendra Winarta and former attorney general for special crimes Anton Sujata said that the release of Akbar, who is also chairman of Golkar Party, the second biggest in the country, highlighted unfair treatment that could crush attempts to genuinely enforce the law.
"It is discriminative since the other suspects did not receive the same treatment," Frans told The Jakarta Post on Sunday. "It hampers law enforcement. The people expect genuine law enforcement, but ... it's a setback," Anton, who is now chairman of the National Ombudsman Commission, told the Post on Saturday.
Akbar, on trial for allegedly misappropriating Rp 40 billion (US$4.1 million) in State Logistics Agency (Bulog) funds, was released from detention on Friday pending verdict, while his co-defendants, Dadang Ruskandar and Winfried Simatupang, had been denied such treatment.
Ironically, former Bulog chairman Rahardi Ramelan, another corruption suspect, had his detention extended by 60 days by the South Jakarta District Court on Friday, the very same day Akbar was released on the strength of a guarantee from his wife Krisnina Maharani that the Golkar chairman would not flee or miss any hearings.
On the first day after his release on Saturday a number of high ranking officials visited Akbar at his residence at the Widya Chandra housing complex to extend their support.
The Indonesian Corruption Watch (ICW) urged the panel of judges at the Central Jakarta District Court to revoke its decision, claiming that the judgment was engineered. "Such an engineered decision will further expand in this case, because the law and political process are inseparable," ICW said in a statement.
The decision to release Akbar has strengthened public skepticism over the impartiality of the law in this high profile case.
Former supreme court justice Bismar Siregar noted that the release of Akbar was the decision of justice Amiruddin Zakaria, chief of the panel of judges in Akbar's case. "It's the panel of judges who took the decision," Bismar told the Post.
Amiruddin Zakaria, chief of the panel of judges that are trying Akbar, is a confidant of Subardi, chief of the Central Jakarta District Court. Subardi is a cousin of Agung Laksono, co-chairman of the Golkar Party. This situation has drawn speculation that the appointment of Amiruddin by Subardi was a part of a plot to protect Akbar.
The suspension of Akbar's detention was possible under Article 31 of the Criminal Procedures Code. But, ICW chairman Teten Masduki said that the article constituted a loophole and was often used by defendants to benefit themselves. Coordinator of Government Watch (Gowa) Farid R. Faqih expressed similar concern, saying that the decision to release Akbar was an act of discrimination.
Law No. 8/1981 of the Criminal Procedure Code
Article 31:
(1) At the request of the suspect or defendant, the investigator or public prosecutor or judge – in line with their respective authorities – can allow a suspension of detention with or without money or personal guarantee on the basis of set conditions.
(2) Because of their function, the investigator or public prosecutor or judge can withdraw the suspension of detention in case the suspect or defendant fails to observe the conditions as mentioned in section (1).
Elucidation:
What is meant by set conditions is the obligation to report, not to leave home or town. The period of suspended detention for a suspect or defendant does not include the period of his status as a detainee.