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KPK case tops new Indonesian attorney General's agenda

Source
Jakarta Globe - November 29, 2010

Heru Andriyanto, Jakarta – Newly appointed Attorney General Basrief Arief vowed on Monday that the notorious criminal case against two antigraft agency deputies would be his top priority.

"The first thing is 'deponering', which has been discussed for a long time," Basrief said during a ceremony marking his first day back at work after retiring as deputy attorney general in February 2007.

He was referring to a legal principle, adopted from the Dutch judiciary system, in which the chief prosecutor reserves the right to drop criminal charges in the interest of the public.

In September of last year, Chandra Hamzah and Bibit Samad Rianto, deputy chairmen of the Corruption Eradication Commission (KPK), were named suspects for abuse of power and extortion.

However, wiretapped phone conversations, played as evidence at the Constitutional Court, indicated that their case could have been fabricated by elements within the National Police and the AGO.

While their fate has been in limbo for over a year amid pre-trial motions and court appeals, the acting attorney general, Damono, decided to use deponering to drop the case last October. However, Basrief took over leadership of the AGO before the decision could be made final.

"I will still read the documents, especially to assess if they still need more consideration. I've learned that the Supreme Court and the Constitutional Court have already delivered their opinions," Basrief told reporters. Both courts supported the use of deponering.

Two other issues that are near the top of his agenda are the graft trial of rouge taxman Gayus Tambunan and the corruption case involving former Justice Minister Yusril Ihza Mahendra and business tycoon Hartono Tanoesoedibjo.

He said the disciplinary measures used against prosecutors in his office would be intensified during his term to improve human resources and the quality of case handling.

"I will strengthen discipline within this office. I think we have all agreed to that. We must start immediately," said Basrief, who was warmly welcomed by top AGO officials and several of his predecessors.

Darmono, who effectively returned to his current post as deputy attorney general with Basrief's arrival, described the ceremony as "a homecoming."

Also present at Monday's ceremony were two former attorney generals, Hendarman Supandji, who was ousted from his post on a court ruling stating that his term was unlawful, and Marsilam Simanjuntak.

"I pray for Basrief in the hope that he is always under God's protection while doing his job. Enforcing the law is a job that requires diligence, seriousness and sincere prayer," Hendarman said of his successor.

Hendarman lost his job two months ago after the Constitutional Court ruled his appointment was unlawful because the president had failed to swear him in again when Yudhono's second term began last October.

Hendarman said he was now busy doing social activities and teaching at his former school, Diponegoro University in Semarang.

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