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SBY exploits 'Aulia factor' in BI case to score political points

Source
Jakarta Post - October 11, 2008

Pandaya, Jakarta – The Corruption Eradication Commission (KPK) has been accused of turning a deaf ear to public demands that former Bank Indonesia deputy chief Aulia Pohan be charged over his involvement in the Rp 100 billion (US$10.3 million) BI scandal, even though he has been implicated by key suspects and witnesses in the ongoing trial.

Many believe it is because he has the protection of President Susilo Bambang Yudhoyono, who happens to be the father-in-law of Aulia's celebrity daughter.

But the President has personally proved this perception wrong, at least from the optimist's point of view. Last week, he publicly asked the KPK not to hesitate to continue legal proceedings against anyone, including Aulia.

Not only did the President specifically mention Aulia but he also unambiguously asked the KPK to take action against any of his Cabinet ministers implicated in the high-profile scandal that has already ensnared many senior lawmakers.

Yudhoyono said that he wanted the BI scandal – and a host of other high-profile cases – out in the open and that everybody implicated should be treated equally before the law.

"You know, my besan (in-law), Pak Aulia Pohan, has been under investigation. As head of state, I want the KPK to handle the case as fairly and accurately as possible in order to show the public that justice is being served," Yudhoyono told journalists.

Aulia's current legal status is as a witness in the graft saga that has already put former BI governor Burhanuddin Abdullah in the dock along with his former deputies Rusli Simanjuntak and Oey Hoey Tiong.

At various hearings, witnesses have testified that Aulia approved the disputed appropriation of Rp 100 billion from BI's Indonesian Banking Development Foundation (YPPI). The "hot money" was siphoned off to help former BI senior officials with their legal troubles over graft and to the House to smooth the amendment of the BI law.

In fact, Yudhoyono was essentially repeating his statement of Sept. 24, in which he made it clear that he wanted the KPK to do its job professionally and indiscriminately, although in that statement he did not specifically mention Aulia by name.

Obviously buoyed by this year's Transparency International report about the improvement in Indonesia's corruption perception index, he appears eager to see the KPK maintain its rigor.

So what else could possibly be making the KPK reluctant to press charges against powerful personalities such as Aulia when the President has given the green light?

KPK chief Antasari Azhar, who always denies accusations he does not have the courage to take on such powerful personalities, keeps saying that nobody should tell him what to do because the KPK has its own strategy.

Or – who knows – criminal law expert Romli Atmasasmita's theory may be right: The KPK plans to handle Burhanuddin's case first and if he is proved guilty, then it will be a lot easier to charge Aulia. Remember that Burhanuddin was accused of committing his crimes "in collaboration" with others.

"It's only a matter of a legal technicality," Romli was quoted as saying in Kompas. "It would not be tactical for the KPK to charge Burhanuddin Abdullah and Aulia Pohan simultaneously because the law doesn't allow one suspect to testify for another suspect."

But Yudhoyono's guarantee of noninterference undoubtedly puts the KPK in an awkward position. If the KPK does act eventually, then it will look embarrassingly soft – and even worse if it doesn't.

His statement is also full of political overtones, especially because it came so soon after Transparency International showered him with praise for his fruitful anti-corruption campaigns.

The watchdog has time and again angered state institutions such as the police and the House of Representatives for rating them as the most corrupt in the whole of Indonesia.

While the President may be genuine in seeking to lift the KPK's spirit, it's difficult to set aside suspicions that he is exploiting his popular anti-corruption campaigns for his reelection bid.

Unless properly handled, the "Aulia factor" could make the BI scandal a mere political commodity, as Yudhoyono has in fact appeared to have started doing. If that is the case, law enforcement will depend on politicians.

The KPK is expected to maintain its courage and integrity in handling the BI scandal, in which powerful figures, including state prosecutors, politicians and former lawmakers now in the Yudhoyono Cabinet have been implicated.

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