Heru Andriyanto & Nivell Rayda – In a verdict widely seen as failing the public's sense of justice, disgraced taxman Gayus Tambunan on Wednesday was jailed for seven years – less than half the 20 years sought by the prosecution.
The verdict, which also included a Rp 300 million ($33,170) fine, concluded a four-month trial and an 11-month saga that captivated even a nation already used to tales of graft and corruption.
While prosecutors immediately said they would appeal, Gayus seemed pleased with the turn of events.
"I would like to express my high appreciation to the panel of judges presided over by Albertina Ho who has decided fairly, in contrast to the prosecutors who blindly demanded 20 years for me, motivated by revenge," Gayus told reporters at the South Jakarta District Court after the verdict.
He said the verdict had not been "influenced by other parties who have created a public opinion as if I were public enemy number one."
Gayus was found guilty of bribing a judge and law enforcers to get an acquittal in his first trial in Tangerang in March.
The prosecution there dropped the serious charges of money laundering and corruption and left only a minor embezzlement charge unrelated to his huge bank accounts.
The South Jakarta court also convicted him of misusing authority by accepting tax complaints filed by Sidoarjo-based seafood company Surya Alam Tunggal, leading to a tax refund that inflicted on the state a loss of Rp 570 million.
Albertina explained that the verdict was limited by the scope of the indictment prepared by prosecutors.
"Despite the finding of another suspected crime, such as the Rp 28 billion bank accounts, the panel of judges in delivering the conviction refers only to what is outlined in the indictment and what is proven in court," Albertina said.
In Gayus's favor, she added, was his frankness and the fact that he had no prior convictions.
Hasril Hertanto, a University of Indonesia criminal law expert, believed the judges' hands were, in a sense, tied. "The judges can only focus on what is being tried based on the prosecutors' indictment," Hasril told the Jakarta Globe.
"I think the verdict is already fair, taking into account that Gayus didn't initiate the bribery in the first place. Gayus would have received a far more severe sentence had the prosecutors been able to identify where his enormous wealth came from," he said.
Emerson Yuntho, deputy chairman of Indonesia Corruption Watch, said that more important was how the police will proceed in investigating the tax companies that supposedly bribed Gayus to get favorable tax treatment.
"There is a more pressing question than 'does the sentence reflect the people's sense of justice or not?' – what are the police going to do next?" Emerson said.
Police, he said, should hand over the entire investigation to the Corruption Eradication Commission (KPK) as police had clearly failed to get to the bottom of this massive corruption case.
Gayus told earlier hearings that he was paid Rp 35 billion by three companies of the Bakrie Group controlled by the family of powerful businessman and Golkar Party chairman Aburizal Bakrie, to help them ease tax obligations.
None of the three – Kaltim Prima Coal, Bumi Resources and Arutmin – have so far come under investigation.
Gayus still faces more trials, one for bribing his way out of prison and another for using a forged passport to exit the country. However, Hasril pointed out that Indonesia does not recognize accumulation of sentences.
"Gayus will only the serve the most severe sentence out of the trials, plus one third of the harshest sentence if there was a repetition of crime," he said.