Gayus Grab a Model for How Indonesia Should Handle Fugitives: Police

After successfully convincing rogue tax official Gayus Tambunan to return to Indonesia, the National Police said on Sunday that similar methods of persuasion could be used to root out other corruption suspects hiding in Singapore.

“This is a breakthrough for the National Police. It is possible that this method could be used to arrest more white-collar criminals who escape to Singapore, even without an extradition agreement,” the National Police’s chief detective, Comr. Gen. Ito Sumardi, told on Sunday.

Singapore has long been the destination of choice for businesspeople and government officials on the run from the law in Jakarta, especially for financial crimes. Billions of dollars were stolen in the aftermath of the 1997-98 financial crisis in Indonesia and much of that money is thought to have ended up in Singapore, along with the businesspeople who stole it.

Ito said that bringing home criminals without coercion was possible if the Singaporean authorities were willing to help.

“As long as we can convince the Singaporean government that these people are indeed criminals and need to be arrested, I believe they will assist us, because I don’t think they want to be dubbed a safe haven for Indonesian corruption perpetrators,” he said.

Ito and two members of the Judicial Mafia Eradication Task Force, Denny Indrayana and Mas Achmad Santosa, met Gayus in Singapore last Tuesday and persuaded him to return to Jakarta. They told him it was only a matter of time before Singaporean police arrested him for entering the country on a fake passport.

Gayus flew back to Jakarta with poice officers on Wednesday and was formally arrested and charged with perjury for statements he gave during his recent embezzlement trial.

However, Ito said, the National Police would step carefully to avoid offending Singapore.

“When we are in another country we can’t act based on the laws in our country,” he said.

Ito said there were many other criminals using Singapore as a home base. He said the police would have to tailor their tactics to the individuals involved.

“Different approaches should be used for different cases, and it also depends on the criminal’s personality. Not everybody would surrender that easily; the most important thing is that we know their location,” he said.

Indonesian fugitives reportedly living in Singapore include Sjamsul Nursalim, a suspect in the massive Bank Indonesia liquidity assistance fraud scheme in 1997; Hesham al Warraq and Rafat Ali Rizvi, former owners of PT Bank Century; and businessman Anggoro Widjojo, who is charged with obstruction of justice and attempted bribery.

Hikmahanto Juwana, an expert on international law and tax issues from the University of Indonesia, said he doubted the tactic used with Gayus would succeed with other fugitives. He said Gayus’s case was a rare exception.

“Gayus surrendered because he was not ready to leave his whole life in Jakarta. Other white-collar criminals are often ready to say goodbye to their whole family,” he said.

Hikmahanto said the best way to bring to justice Indonesian fugitives in Singapore was to implement an extradition treaty between the two countries. An agreement was signed in April 2007 after more than 30 years of delay, but the House of Representatives has yet to ratify the deal.

Gayus Ready to Play Ball in National Police Bribery Probe

Former tax official Gayus Tambunan looks set to cooperate with investigators delving into alleged bribery at the National Police, according to his new lawyer and the Judicial Mafia Eradication Task Force.

When Adnan Buyung Nasution, a reform-minded attorney and former presidential adviser, agreed to take Gayus as a client on Saturday, many people were surprised, but the choice of advocate may herald a move to open up to investigators.

Adnan said on Sunday that part of the appeal of handling such a case was it offered the opportunity to uncover illicit practices inside the police and the Directorate General of Taxation, where Gayus worked as a prosecutor.

“It’s like killing two birds with one stone,” Adnan said, adding that allegations of graft within the National Police “have disrupted Indonesia’s legal system. Inside the Directorate General of Taxation, the case has marred people’s confidence in the taxation system.”

Denny Indrayana, the task force’s secretary, said Gayus had agreed through Adnan to cooperate.

“One of the terms that Adnan gave to Gayus is for Gayus to be completely honest and help the investigation,” Denny said. “Gayus could plead for leniency in exchange for his full cooperation in unraveling the practices of case brokering.”

The task force is confident Gayus will finger the rogue police officials he allegedly bribed as well as the people who bribed him, Denny said.

Gayus returned to Jakarta last week after surrendering to Indonesian police in Singapore. He faces charges related to Rp 28 billion ($3.1 million) in his bank accounts and allegations that National Police officials had intervened to have charges against him watered down by prosecutors. The Tangerang District Court in Banten acquitted him of embezzlement on March 12.

The case re-emerged after former National Police Chief Detective Comr. Gen. Susno Duadji told the task force that Gayus had bribed senior police to unfreeze his accounts and ensure a favorable outcome to his trial.

Comr. Gen. Ito Sumardi, Susno’s replacement, said police had established three teams to investigate the case. An independent team will evaluate earlier police handling of Gayus’s case, while internal affairs will investigate allegations of unprofessional conduct.

“The bribery allegation itself will be handled by the detectives unit, because it is a criminal act,” Ito said.

Neta S Pane, chairman of Indonesian Police Watch, an independent watchdog, said the National Police were still trying to protect their own.

“How can the examination be objective when the ones conducting the investigation are other detectives?” Neta said.

Police have so far declared seven people suspects, including Gayus.

His former lawyer, Lambertus, and tax consultant Alif Kuncoro were charged on Saturday. Alif allegedly bribed Gayus, while Lambertus allegedly gave money to a police officer on Gayus’s behalf.


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