Former Antigraft Chief’s Lawyers Request Review of Murder Conviction

Former Antigraft Chief’s Lawyers Request Review of Murder Conviction

The legal team of former antigraft czar Antasari Azhar filed on Monday for a case review of his murder conviction, citing flawed legal reasoning by the judges and overlooked evidence.

Maqdir Ismail, a lawyer for the former Corruption Eradication Commission (KPK) chairman — who was sentenced to 18 years in prison in 2010 for the murder of businessman Nasrudin Zulkarnaen — said there were several issues raised at the trial at the South Jakarta District Court that subsequent appeal courts had failed to properly examine.

Maqdir raised the issue of the threatening text messages reportedly sent by Antasari to Nasrudin. An IT expert testified that Antasari never sent the messages, as alleged by prosecutors, but the judges concluded that he had, based on testimony from three people who claimed to have read the messages. The messages could not be accessed or read during the trial.

Maqdir voiced concerns about the conviction of Antasari for “participation in encouraging others” to carry out the murder, reportedly over a love triangle involving a female golf caddie.

“A conviction based on such a finding is unacceptable because the terminology ‘participation in encouraging’ is not recognized in the Criminal Code and cannot be used to convict a defendant,” the lawyer said.

The terminology for accessory to murder is “participation in a sinister conspiracy” to kill.

Maqdir said another key point was the court’s failure to oblige prosecutors to present the police reports on Nasrudin’s clothes and car during the trial.

“It was important because we could have used them to find out about the range from which the victim was shot. If it was at close range, then there would have been gunpowder on his car and clothes,” he said.

Maqdir also said that the trajectory of the bullet shot into Nasrudin’s head was not the same as the trajectory of the bullets fired into the car.

“This needs to be investigated,” he said, adding that testimony from a ballistics expert indicating that the weapon was broken and could not have been used was also overlooked by the judges.

The Judicial Commission has previously highlighted indications that the three judges trying the case may have willfully overlooked key evidence, and it has since called for them to face a six-month suspension and ethics tribunal. The Supreme Court has refused to act, though, arguing the judges are protected by judicial immunity.

Now Go After Other Fugitives: Activists

Now Go After Other Fugitives: Activists

Anita Rachman & Elisabeth Oktofani

Two prominent corruption watchdogs applauded on Tuesday the arrest of high-profile graft suspect Muhammad Nazaruddin but questioned why law enforcers were slow to capture other fugitives.

Adnan Topan Husodo, deputy chairman of Indonesia Corruption Watch, said arresting Nazaruddin would have been much harder than going after other fugitive suspects, such as businesswoman Nunun Nurbaeti Daradjatun.

“Nunun still has family here. Her husband is here,” Adnan said. “She must be contacting them, and [the communications] could actually be traced.”

Adnan added that Nazaruddin’s arrest was the result of good collaboration between officials at the Corruption Eradication Commission (KPK), the National Police and Interpol, as well as the use of sophisticated technology to pinpoint his exact location.

Attempts at similar cooperation had proved fruitless with Nunun, Adnan said.

Boyamin Saiman, chairman of the Indonesian Anti-Corruption Society (Maki), said that unlike Nunun, who has remained quiet, Nazaruddin chose to attack his colleagues in the Democratic Party, attracting the attention of the party’s leader, President Susilo Bambang Yudhoyono.

Adnan questioned why Yudhoyono specifically instructed law enforcers to bring Nazaruddin back to the country but mentioned no other suspects in his speech.

Yunarto Wijaya, a political analyst from Charta Politika, said the government did not appear interested in arresting corruptors outside of Indonesia.

“What is required is political will from the government to enforce the law, which will pressure law enforcers to take prompt action,” he said.

KPK’s Hands Tied on Police, AGO Graft

KPK’s Hands Tied on Police, AGO Graft

Although the nation’s antigraft agency has arrested more corruption suspects in 2010 than in the previous year, it has been unable or unwilling to pursue cases involving police or prosecutors, a graft watchdog said on Monday.

The Corruption Eradication Commission (KPK) has shown a “significant” improvement in 2010 over the previous year, arresting 69 suspects and handling 23 cases that caused state losses totaling Rp 619.13 billion ($70.5 million), Indonesia Corruption Watch said.

In 2009, the KPK arrested 42 suspects linked to 23 cases estimated to have cost the state Rp 420 billion, according to the ICW.

The corruption watchdog lauded the higher 2010 totals as evidence that the KPK was aggressively pursuing allegations of graft at all levels of government.

“In term of the quality, the KPK has improved their performance because instead of just handling corruption cases in the central government they have also handled corruption at the regional level.” ICW researcher Tama Satrya Langkun said.

However, the ICW pointed out that the KPK’s record when it came to investigating members of the National Police or the Attorney General’s Office was lacking.

“Other than still having 10 unsolved corruption cases, including the Bank Century bailout case during 2010, the KPK has not been able to handle corruption cases involving officers of the National Police or prosecutors,” Tama said.

Tackling such cases, he said, was urgent “so it can help accelerate the reform at the law enforcement level.”

Tama himself was hospitalized last year after being beaten by unknown assailants. The attack is believed by many to have been in retaliation for his investigation into the suspiciously large bank accounts of high-ranking National Police officers.

ICW deputy coordinator Adnan Topan Husodo conjectured that the KPK was reluctant to pursue law enforcement officials due to the likelihood of bad blood building between the agencies — the antigraft body often works with the National Police and the AGO on its cases.

Adnan said the KPK was already drawing heat from the House of Representatives after alleging 51 former and sitting lawmakers were linked to the Miranda Goeltom bribery scandal.

“Although the KPK has improved their performance by arresting members of the House and former state officials who committed corruption, they have to be careful with the possibility of the backlash from the House of Representatives,” Adnan warned.

He said the House could potentially hobble the KPK by cutting its funding or reducing its authority.

“Therefore, the KPK has to keep improving their performance so that they will not lose the public trust in their handling of corruption cases. It they do, some actors will try to use the opportunity to destroy the KPK for their own purpose, including House members.”

He pointed to the ongoing conflict between House Commission III and the KPK involving KPK deputies Bibit Samad Rianto and Chandra M. Hamzah. The two men were named suspects in late 2009 in an extortion case widely believed to have been fabricated.

In January, they were barred from appearing at House hearings just days after 19 lawmakers were arrested in connection with the Miranda bribery scandal, leading some critics to allege the ban was politically motivated.

The case against the KPK officials has been dropped, but lawmakers have continued to object to their presence at hearings.

Interfaith Leaders Deliver Corruption Complaints to KPK

Interfaith Leaders Deliver Corruption Complaints to KPK

After accusing the government of spreading lies at the beginning of the year, the same group of religious leaders on Friday urged the nation’s antigraft body to investigate a growing number of corruption and abuse of power complaints they had received from the public.

The interfaith group delivered details of those complaints to the Corruption Eradication Commission (KPK) and also demanded the antigraft body continue to pursue all leads stemming from the case of former taxman Gayus Tambunan.

Gayus was jailed for seven years earlier this year on a graft charge.

Salahuddin “Gus Solah” Wahid, an Islamic leader from Nahdlatul Ulama, told reporters on Friday that while the Gayus case should still be a top priority for the KPK, the commission needed to focus on corruption and extortion by civil servants at the provincial and district level.

“We have received 88 complaints from the public from 13 districts and 26 percent of them are corruption cases,” Salahuddin said. “[There are also] extortion cases involving civil servant applicants.

“Other than urging the KPK to investigate Gayus’s corruption case, we also urge the KPK to investigate corruption at the provincial level, which might appear as small cases of corruption.”

He said some candidates for civil service jobs were allegedly asked to pay bribes to officials in order to have their applications processed.

Effendi Gozali, another member of the interfaith group, called on the KPK to investigate the 149 companies named by Gayus as alleged tax offenders.

Effendi was one of 25 members of the interfaith group to appear at the KPK on Friday, along with Salahuddin, NU deputy chairman Masdar Farid Mashudi and noted Muslim pluralist Ahmad Syafii Maarif.

On Sunday, political analysts said the increasing numbers of people channeling their complaints through religious leaders was a sign of distrust in the government, the legislature and law enforcement agencies.

“Society has lost its trust in the formal institutions such as the legislature and the National Police, which actually should side with the public,” said Ari Dwipayana, a political science professor at Yogyakarta’s Gadjah Mada University.

“Therefore, nowadays, religious leaders have been taking an important role in society and this should be a warning for the government to improve its performance,” he said.

KPK chairman Busyro Muqqodas confirmed to reporters after the Friday meeting that the religious leaders delivered allegations of corruption in 13 districts. He declined to elaborate on the details.

“The visit from the religious leaders to report the allegations on corruption cases which harm society shows that the public trusts us to handle corruption cases in the country,” Busyro said.

He also called for the House of Representatives to proceed cautiously during its current revision of the 2002 law on the KPK so as not to weaken the commission’s ability to fight corruption.

“I hope the politicians see that the civil society has fully supported the KPK on handling corruption cases,” he said

Husband Comes Out in Defense of Key Suspect

Husband Comes Out in Defense of Key Suspect

The husband of Nunun Nurbaetie Daradjatun, the missing link in the Miranda Goeltom corruption scandal, said on Tuesday that his wife was indeed ill and the constant negative media attention would only worsen her condition. 

Adang Daradjatun, Nunun’s husband and a former National Police deputy chief, asked journalists to respect the legal process taken by the Corruption Eradication Commission (KPK). 

“Please, respect the principle of the presumption of innocence. Her position in this case is that of an eyewitness,” said Adang, who is also a Prosperous Justice Party (PKS) lawmaker. 

“Stop this character assassination by the media because it will aggravate her condition.” 

The KPK has been attempting to formally question Nunun since early last year. Four convicted former lawmakers identified her as the courier of Rp 24 billion ($2.7 million) worth of traveler’s checks allegedly used to buy legislators’ votes to appoint economist Miranda as senior deputy governor of Bank Indonesia in 2004. 

Nunun has ignored four summonses from the KPK, with her lawyers saying she is suffering from a mysterious amnesia-like illness, for which she is being treated in Singapore. 

Dr. Andreas Harry, a neurologist at Gading Pluit Hospital in North Jakarta, has been treating Nunun since 2009. 

“On July 25, 2009, Nunun suffered a stroke, the effects of which lasted for six months,” Andreas said. “But because her condition was not improving, I suggested that the family go to Singapore to get better treatment. That was when they went to Mount Elizabeth Hospital.” 

Andreas said that according to the most recent medical reports available, Nunun’s illness was not affecting her ability to speak, but it was causing memory loss similar to that seen in patients suffering from dementia. She appears physically healthy, he said, but her memory is poor. 

Adang would not say where Nunun was currently being treated, but welcomed an independent assessment of his wife’s health by a doctor appointed by the antigraft commission. 

“I just expect that the doctor would be a qualified doctor who could conduct a thorough examination of my wife,” he said. “I don’t want them to diagnose her from physical appearance alone. Her problem is internal.” 

Haryono Umar, a deputy chairman of the KPK, said the body would continue to monitor developments in the case and decide on its next step. 

“We do not have any immediate plan to send doctors to check Nunun’s health,” he said.

Analysts Warn KPK of Political Backlash

Analysts Warn KPK of Political Backlash

Last week’s arrests of more than a dozen politicians on bribery charges could earn the antigraft body the ire of major political forces, analysts said on Sunday.

The Corruption Eradication Commission (KPK) arrested 19 current and former lawmakers on Friday for their alleged involvement in a Rp 24 billion ($2.7 million) bribery scandal centered on the appointment of Miranda Goeltom as Bank Indonesia senior deputy governor.

Those detained were among the 26 suspects named last September in the 2004 bribery scandal that has already seen four former lawmakers jailed.

Ari Dwipayana, a political science professor at Yogyakarta’s Gadjah Mada University, said the KPK’s decision to arrest the 19 suspects would have major political repercussions. “The KPK’s move will lead to a political counterattack,” he said. “Not only against the KPK itself, but also against the ruling [Democratic] Party.”

All of those arrested on Friday came from three parties, including the Golkar Party and the United Development Party (PPP), both members of the ruling coalition. The third was the opposition Indonesian Democratic Party of Struggle (PDIP-P).

Ari said he expected any blowback against the KPK to come from the House of Representatives. “It could come in the form of pressure on the KPK through House Commission III [overseeing legal affairs] or even by slashing the [KPK’s] funding,” he said.

“There’s also the possibility of the KPK Law being amended [to curtail the antigraft body’s powers],” he added.

Ari said being dragged into politics would be dangerous for the KPK, which is still trying to regain public trust following a difficult period in which two of its deputy commissioners found themselves in a legal morass over questionable bribery charges.

He said the parties implicated in the BI bribery case, particularly Golkar and the PDI-P, could “ignite a political attack” in the House against the ruling government.

There were several ways this could come about, he said.

First, the PDI-P could push for a special inquiry into the so-called tax mafia. This would have the potential of highlighting the failure of President Susilo Bambang Yudhoyono’s Judicial Mafia Eradication Task Force to tackle the alleged institutional graft inside the tax office, as indicated by the saga of former taxman Gayus Tambunan.

Second, Golkar could revive its bid to invoke the right of lawmakers to express an opinion on the Bank Century bailout scandal, which could ultimately lead to impeachment proceedings against Vice President Boediono, who was the central bank governor at the time of the controversial Rp 6.7 trillion bailout.

Emerson Yunto, vice coordinator of Indonesia Corruption Watch (ICW), agreed it was conceivable that the House would try to hit back at the KPK.

“They could [strike back] through the various policies under their authority relating to the KPK, including the selection of its chairman, the allocation of funds or the appointment of leaders,” he said. “It’s possible because not all lawmakers like the KPK or what it does. Some of them feel the KPK is stepping on their toes, so they’ll do anything to undermine its powers. …”

Emerson said he hoped the KPK leaders were prepared for the potential hostility facing the commission in the House.

“We can only hope that the KPK will continue to work on its campaign to root out corruption in the country,” he said.

He called on all parties in the House to put aside their hostilities toward the commission and back its efforts to unravel the Bank Indonesia bribery scandal.

“The KPK did the right thing by detaining the politicians,” he said. “However, it should not just focus on those who allegedly received the bribes, but also on those who paid them.”

While Miranda has been questioned several times by the KPK about the case, she has not been named a suspect.

Nunun Nurbaeti Daradjatun, who is alleged to have funneled the money to lawmakers, has ignored several KPK summonses. She is reportedly in Singapore, where her lawyer claims she is being treated for an illness that causes acute memory loss.

KPK Moves to Investigate Use of Football Funds

KPK Moves to Investigate Use of Football Funds

The Corruption Eradication Commission (KPK) has said it will call for a thorough audit of the funds set aside by the Indonesian Football Association (PSSI) for the improvement of teams across the country.

Johan Budi, spokesman for the KPK, said on Friday that the commission had preliminary findings pointing to the possible misuse of state funds earmarked for football teams nationwide.

“We believe there is unrecorded usage of funds by the PSSI,” Johan told the Jakarta Globe.

“The funds from the government to improve the quality of football teams nationwide are disbursed through the PSSI, which receives the funding through the Ministry of Sports and Youth Affairs as well as KONI [the National Sports Committee of Indonesia].

“However, based on information and data we received a few days before the AFF [Asean Football Federation Suzuki Cup] finals, there is a discrepancy in the usage of funding by the PSSI.

“Therefore, we require an audit to check if all the funds were used correctly or otherwise. We ourselves plan to review the PSSI.”

Indonesia lost 4-2 on aggregate to Malaysia in the final, with the first leg played at Kuala Lumpur’s Bukit Jalil Stadium on Dec. 26 and the second leg taking place at Gelora Bung Karno on Dec. 29.

On the matter of the PSSI allegedly sending free tickets to state officials to watch the final — which the KPK considers bribery — Johan said the KPK had yet to invite the general secretary of the PSSI, Nugraha Besoes, for questioning.

“We have only written him a letter to clarify whether or not the PSSI had sent off free tickets to state officials. Other than that, we have not taken any further action so far,” he said.

PSSI chairman Nurdin Halid was previously jailed for corruption, though he continued to serve as chairman from behind bars.