[First to Indonesia, where the convicted favourite son of former President Suharto is likely to appeal a 15-year jail sentence for masterminding the murder of a judge and other crimes. While critics charge that the sentence went against "all legal textbooks" in that it was too light, others say the case had so many loopholes that the verdict might be overturned in a higher court. Hutomo Tommy Mandala Putra was convicted of ordering the drive-by shooting of Judge Syafiuddin Kartasasmita, who'd sentenced him to eighteen months' jail for a corrupt land deal.]

Presenter/Interviewer: Sen Lam

Speakers: Frans Winarta, a member of Indonesia's National Law Commission

Winarta: He should actually receive a heavier sentence, which is at least similar to the executor.

Lam: By executor you mean the two people who carried out the drive by killing?

Winarta: Yes because according to the legal theory in Indonesia a prime mover or a masterminder of a crime should receive a higher sentence. Secondly because he's the motivator he should be granted a heavier sentence.

Lam: So do you think some pressure was put on the judges presiding over the case?

Winarta: Oh yes, but the 15 years I consider is already a courageous decision by the court.

Lam: Some people think that the verdict leaves a lot of legal loopholes that may lead to a higher court overturning the sentence?

Winarta: Yes because in a court of law I haven't seen any evidence that the gun is being possessed by Tommy Suharto. This is only the beginning of a long legal battle because you have after this an appeal to the High Court, it will be tried again in the High Court, they can support the District Court decision, they can overturn the decision and then if he lost the case for instance in the High Court he can appeal to the Supreme Court, and after the Supreme Court like in other cases he can filed a judiciary review.

Lam: Are the prosecutors likely to appeal against the perceived light sentencing? Winarta: It is possible but looking into the situation where he is now being guarded I don't think that he is going to appeal because the heavier sentence he's asking or the appeal he's asking that means he's asking for more than 15 years, that means that he will be in danger.

Lam: The prosecutor?

Winarta: Yes as well as the judges also, the judges are now being secured by about 30 policemen. So you know what it means, that means that trying a case like Tommy Suharto endangers the prosecutor as well as any judges.

Lam: So the Suharto clan still wields a lot of influence in Indonesia?

Winarta: Oh yes.

Lam: You think the verdict that was handed out was in itself quite a courageous one?

Winarta: Yes it is a courageous decision I suppose because I also speculated at the time that he would get an acquittal, looking into the process that's done in a court of law where he took it lightly and requested so many judges, he's even joking, and even the legal counsel was saying at the time oh he's joking, saying that.

Lam: And Tommy Suharto's cell in Cipinang jail has been refitted just for him to include a bedroom, a living room and a bathroom and other inmates and indeed a lot of former political detainees have lived in squalid conditions in Cipinang prison. So how do they account for the special treatment of Tommy Suharto, how do they explain that?

Winarta: My comment is that from that kind of treatment, special treatment you know who he is. He is the son of the most powerful dictator in Asia, not Indonesia, but in Asia. For more than 30 years he ruled the country, so he's so powerful and you can imagine how many followers he has and how much money he got, making it possible for him to buy everyone in the country from top to bottom you see.

Lam: But the fact that Tommy Suharto is under detention, that he is in Cipinang prison, do you think that's a first step?

Winarta: Yes it's a step forward. I think if they don't dare to do that to the father they do it to the son.

Lam: And indeed an observer's pointed out that just about the only prominent Suharto crony who's been brought to justice is Bob Hasan who's serving a jail sentence?

Winarta: I heard he's not actually serving his jail term properly, meaning that he can at times walk away from the prison and go whenever he wants to go, that's what I heard, he can play golf in the morning, he can go with a helicopter and so forth. So I don't think this is a punishment because Suharto has so many followers and he's got so much money, Tommy Suharto has got so many assets and cash money that he can buy everybody in the country and this is a corrupt system.