The saga of extortion allegations against two antigraft commissioners that gripped the nation last year appears set to repeat itself after a Jakarta court sensationally overturned the prosecution’s decision to drop charges and ordered the pair to face trial.
South Jakarta District Court Judge Nugroho Setiadji on Monday ordered prosecutors to file the case against Corruption Eradication Commission (KPK) deputy chairmen Chandra M Hamzah and Bibit Samad Rianto, saying Criminal Code procedures did not recognize the “sociological reasons” used to drop it.
Siding with the plaintiff, businessman and graft suspect Anggodo Widjojo, Nugroho pointed out that once prosecutors had declared a criminal case fit for trial, it must be go to court.
“To meet the key legal principle of equality before the law, to meet the public demand for justice and to ensure the law is upheld, the criminal case against Bibit Samad Rianto and Chandra Hamzah must be decided by a court verdict,” he said.
The Attorney General’s Office said it would lodge an appeal with the High Court, its only avenue of appeal.
Bibit and Chandra were arrested last year over charges of extortion linked to a graft probe into a telecommunications company owned by Anggodo’s brother, graft fugitive Anggoro Widjojo.
But amid growing public pressure, and after a call from President Susilo Bambang Yudhoyono, the AGO dropped the investigation, saying it had a case but that “it would be morally harmful rather than beneficial to try the two in court.”
The decision came amid strong suspicions that elements in the National Police and AGO had set up the case to bring down the commissioners, with recordings played in the Supreme Court revealing case brokers discussing how to testify with prosecutors.
Anggodo faces up to life in jail on charges of attempted bribery, obstruction of justice and conspiracy to commit a crime. He claimed he had bribed the KPK officials with Rp 6 billion ($666,000) in exchange for halting his brother’s case.
AGO spokesman Didiek Darmanto said it would follow the High Court’s decision. A ruling upholding Monday’s verdict would force the KPK to again suspend Bibit and Chandra.
Another suspension could cripple the agency, warned defense lawyer Bambang Widjojanto.
“The KPK has no chairman. If the case is reopened, Chandra and Bibit will be suspended, leaving only two commissioners.”
Lawyers and legal experts had earlier failed to get the same ruling from court, as they were not considered parties with a direct interest in the case. Anggodo’s motion was accepted as he was a victim, according to the court.
Ray Rangkuti, a political observer from the Anti-Corruption Civil Society Coalition (Kompak), speculated that a political motive to hamper the KPK’s probe of the 2008 government bailout of Bank Century was possible. With only two commissioners, “the investigation would be delayed or even halted. I believe we are missing the bigger picture.”
Presidential legal adviser Denny Indrayana said Yudhoyono “will not intervene” and would only issue a decree suspending the pair following a legally binding final ruling.
Indonesia Corruption Watch deputy Emerson Yuntho accused the AGO of intentionally leaving the case open to invite a legal challenge.
“Prosecutors should have said there was simply not enough evidence to continue the prosecution,” he said. “By saying the case was dropped for sociological reasons, it left the door open for pre-trial motions such as this.”
South Jakarta District Court Judge Nugroho Setiadji on Monday ordered prosecutors to file the case against Corruption Eradication Commission (KPK) deputy chairmen Chandra M Hamzah and Bibit Samad Rianto, saying Criminal Code procedures did not recognize the “sociological reasons” used to drop it.
Siding with the plaintiff, businessman and graft suspect Anggodo Widjojo, Nugroho pointed out that once prosecutors had declared a criminal case fit for trial, it must be go to court.
“To meet the key legal principle of equality before the law, to meet the public demand for justice and to ensure the law is upheld, the criminal case against Bibit Samad Rianto and Chandra Hamzah must be decided by a court verdict,” he said.
The Attorney General’s Office said it would lodge an appeal with the High Court, its only avenue of appeal.
Bibit and Chandra were arrested last year over charges of extortion linked to a graft probe into a telecommunications company owned by Anggodo’s brother, graft fugitive Anggoro Widjojo.
But amid growing public pressure, and after a call from President Susilo Bambang Yudhoyono, the AGO dropped the investigation, saying it had a case but that “it would be morally harmful rather than beneficial to try the two in court.”
The decision came amid strong suspicions that elements in the National Police and AGO had set up the case to bring down the commissioners, with recordings played in the Supreme Court revealing case brokers discussing how to testify with prosecutors.
Anggodo faces up to life in jail on charges of attempted bribery, obstruction of justice and conspiracy to commit a crime. He claimed he had bribed the KPK officials with Rp 6 billion ($666,000) in exchange for halting his brother’s case.
AGO spokesman Didiek Darmanto said it would follow the High Court’s decision. A ruling upholding Monday’s verdict would force the KPK to again suspend Bibit and Chandra.
Another suspension could cripple the agency, warned defense lawyer Bambang Widjojanto.
“The KPK has no chairman. If the case is reopened, Chandra and Bibit will be suspended, leaving only two commissioners.”
Lawyers and legal experts had earlier failed to get the same ruling from court, as they were not considered parties with a direct interest in the case. Anggodo’s motion was accepted as he was a victim, according to the court.
Ray Rangkuti, a political observer from the Anti-Corruption Civil Society Coalition (Kompak), speculated that a political motive to hamper the KPK’s probe of the 2008 government bailout of Bank Century was possible. With only two commissioners, “the investigation would be delayed or even halted. I believe we are missing the bigger picture.”
Presidential legal adviser Denny Indrayana said Yudhoyono “will not intervene” and would only issue a decree suspending the pair following a legally binding final ruling.
Indonesia Corruption Watch deputy Emerson Yuntho accused the AGO of intentionally leaving the case open to invite a legal challenge.
“Prosecutors should have said there was simply not enough evidence to continue the prosecution,” he said. “By saying the case was dropped for sociological reasons, it left the door open for pre-trial motions such as this.”
