Asia Times

Southeast Asia

Akbar verdict: A glimmer of light
By Richel Langit

JAKARTA - Against all political calculations, the Central Jakarta District Court declared Golkar chairman Akbar Tandjung guilty of corruption on Wednesday and sentenced him to three years in jail. The jail sentence, however, falls short of serving justice. The sentence is much lower than the maximum jail term of 20 years as stipulated in the country's criminal code for a convicted corrupter like Akbar, who is also Speaker of the House of Representatives (DPR).

Months before the verdict was read out, some Golkar heavyweights reportedly "negotiated" with high-ranking officials in the Attorney General's Office and court officials on the length of Akbar's sentence. It is understood, therefore, that the three-year jail term is the length of imprisonment acceptable to both Akbar's camp and the state prosecutors. In other words, justice was never an issue in deciding the length of Akbar's jail term.

Akbar, the highest public official to be prosecuted for graft so far, was charged with misappropriating some Rp40 billion (US$4.5 million) funds of the State Logistics Agency (Bulog) in 1999. The Golkar chairman admitted to receiving the funds from then Bulog chairman Rahardi Ramelan, who is now standing trial at the South Jakarta District Court, but insisted that he acted upon the instruction of then president B J Habibie. He also maintained that the funds were used to buy basic commodities that were distributed by a little-known Islamic foundation called Raudlatul Jannah to people affected most by the prolonged economic crisis. Raudlatul Jannah foundation chairman Dadang Iskandar and alleged contractor Winfried Simatupang were sentenced to 18 months' imprisonment by the same panel of judges on Wednesday.

The trial process succeeded in revealing that the food-distribution program was fake but failed to reveal who used the money. Neither did it shed light on the origin of the Rp40 billion Simatupang submitted to state prosecutors at the beginning of the trial process. Anti-corruption activists have alleged, and some Golkar leaders have privately admitted, that the funds went to Golkar to finance its campaign activities in 1999 general election. The Rp40 billion "returned" by co-defendant Simatupang was collected from Golkar leaders from around the country. The allegations, if proved in court, would lead to the dissolution of Golkar as stipulated in a 1999 election law, which, among other things, bans money politics.

While Akbar's corruption trial serves as a litmus test to President Megawati Sukarnoputri's resolve to wipe out endemic corruption, it has been widely seen as a political maneuver aimed at defusing public criticism over government's foot-dragging in prosecuting suspected corrupters.

Akbar is chairman of the second-biggest faction both in the House and the People's Consultative Assembly (MPR), the country's highest legislative body. At the height of political squabbling last year that ended with the impeachment of then president Abdurrahman Wahid, Akbar and his Golkar party stayed solidly behind Megawati. Since then, Golkar, which has 120 representatives in the House, compared with Megawati's Indonesian Democratic Party of Struggle's (PDI Perjuangan) 153 seats, has become a major component in Megawati's rainbow coalition. With its leaning toward nationalism, Golkar has become a natural ally for Megawati, whose authority has been constantly questioned by some Muslim communities that have not come to terms with the political reality that the country's head of state is a woman.

And so, when Akbar was brought to justice early this year, many thought it would never end with a guilty verdict, since the move was seen as merely aimed at quashing moves by the House to set up a committee to question Akbar's corruption allegation. The guilty verdict handed down by judges at the Central Jakarta District Court to Akbar is, therefore, a pleasant surprise for the country's corruption-ridden judicial system.

The guilty verdict raises an intriguing question: How far Megawati would go in prosecuting suspected big-time corrupters, who are mostly associated with Golkar?

The answer: Not too far. Comprehensions are now growing among PDI Perjuangan leaders and legislators that Golkar, which played an instrumental role in catapulting Megawati into the presidential post in July 2001, would distance itself from her, if not withdrawing completely its support for the present government. Such a move would leave Megawati, the country's first female president, vulnerable to attacks by Muslim communities opposed to her leadership.

Under the current political constellation, Megawati could not possibly govern the country effectively without the support of Akbar and his party Golkar. Megawati, who owes her seat to Akbar, is likely to do everything she could to save Akbar and Golkar.

Akbar already told the court on Wednesday that he would appeal the guilty verdict to the Jakarta High Court. Given its poor track record, it is likely that the court will overturn the conviction. Megawati may also intervene, "ordering" judges there to free Akbar of all charges. Just two weeks ago, the same court acquitted Bank Indonesia governor Sjahrir Sabirin of corruption charges in a scandal involving Bank Bali. The Central Jakarta District Court had earlier declared Sabirin guilty of corruption and sentenced him to three years in jail.

But even if the Jakarta High Court maintains the guilty verdict, Akbar is likely to appeal to the Supreme Court, which is currently led by Golkar cadre Bagir Manan. And even if the Supreme Court upholds the verdict, Akbar can still apply to Megawati for a presidential pardon.

Indeed, speculations are abounding that the Jakarta High Court and the Supreme Court will uphold the guilty verdict, paving the way for Akbar to ask for a presidential pardon. Megawati would not issue any ruling until general election time comes in 2004. If the situation is favorable to Megawati, she might pardon him, but she could put Akbar in jail by refusing to grant his clemency request.

Regardless of the skepticism, the verdict spells the end of Akbar's political career and quashes any hope for him to run for the presidential post in 2004 general election, as the constitution bars convicted criminals from contesting for the country's top post. Public pressure, including from House members, is now growing for Akbar to step down from his position as House Speaker.

Whether or not the Jakarta High Court overturns the verdict, Akbar's conviction also raises hopes that the rule of law is slowly taking root in Indonesia and that impunity is gradually being wiped out of the country's judicial system. Akbar's guilty verdict is a stark contrast to practices during former dictator Suharto's 32 years of leadership, when politicians, especially those associated with Golkar, were above the law and considered untouchables, alongside with Suharto's family members and their cronies.

Just last month, the same court handed down a 15-year jail term for Hutomo Mandala Putra or Tommy Suharto, a son of former president Suharto, for ordering the murder of Supreme Court judge Syafiuddin Kartasasmita in July 2001. Tommy believed Kartasasmita was responsible for his 18-month jail term for his alleged involvement in a land scam involving Bulog.

(©2002 Asia Times Online Co, Ltd. All rights reserved. Please contact content@atimes.com for information on our sales and syndication policies.)

Sep 6, 2002