Long Distance Testimony

The trial of Abubakar Ba'asyir at the District Court of South Jakarta last week was filled with harsh protests by Ba'asyir as the Defendant and his team of lawyers.

One of the things they protested was the Council of Judges's decision to allow the Witnesses to testify without appearing physically in Court but through teleconference.

In this regards I would like to share what blogger-lawyer Anggara has wrote on his blog: http://anggara.org.
Anggara quoted Hukumonline as saying that the use teleconference in the trial violate the Criminal Prosedural Law (KUHAP) which stipulated that Witnesses must testify by appearing pshycally in Court.

The KUHAP may not mention about the possibility of using Teleconference in Court Trial, but there is the Witness and Victim Law No. 13/2006 with enable the Hearing of Witness to be carried out through teleconference.
And in this case, the Prosecutors have stated that the purpose of witness hearing through teleconference is to safeguard the safety of the Witness.

The said Law does not specifically rule that the teleconference witness hearing can be done on condition that the witness is under protection, but for the sake of fair trial it would better if the council of judges ask the Prosecutor to explain why must the hear be done through teleconference, and allow the defendant and his lawyers to raise their objection.

Although in the end the judges would decide to allow the teleconference, but the defendant and his lawyers would not be protesting very harshly because they have already been given the chance to raise objection.

Susno the Whistle Blower

Yesterday, Prosecutors at the South Jakarta District Court has demanded the court to sentence former Chief of Detectives of the National Police Comnr Gen. Susno Duadji 7 years in Jail and pay Fine of 500 Million Rupiah.

The prosecutors indicted Susno for allegedly receiving bribes amounting to 500 million Rupiah from a legal case broker and another bribe he allegedly received  when he was Chief of Regional Police in West Java in 2001.

Many people, especially his lawyers and the Indonesian Corruption Watch (ICW), said that the demand was wrong because most witnesses have testified in favor of Susno in the court  trial.

They suspected that the demand was part of a conspiracy to silence Susno who has revealed many big crimes against the state such as tax crimes committed by former Taxman Gayus Tambunan and 151 companies he handled, involvement of high ranking Police officers etc.

Beside that, Susno has testified in favor of former Chief of the Corruption Eradication Commission (KPK) Antasari Azhar who was later sentenced to jail for murder of a director of state own company.

In my opinion, Susno Duadji is a very unique person. When he was still Chief of Detectives, Susno has expressively shown animosity toward the KPK which he dubbed as Gecko compared with the Police which he dubbed as Crocodile. He was so mad at the KPK after they found that Susno has helped the release of big sum of money to a suspect in the Bank Century case.

Considering the above, I hope that Susno and his team of lawyers would present a statement of defense supported by evidences that would convince the Court judges.

The Alanda Kariza Story

Alanda Kariza (Right) and her mother (Left)

Alanda Kariza (19) is an Indonesian writer who published her first novel at the age of 14, and has been appointed as our country's representative in international youth activities.

Recently, Alanda wrote an emotional plea : "Mother, 10 years in Jail, Rp 10 Billion" on her blog after the Prosecutors at the Central Jakarta District Court demanded a 10-years Jail term and 10 Billion Rupiah Fine for her mother, Arga Tirta Kirana, former Head of Legal Division of Bank Century, on 25 January.

Here are some parts of her writing that I quoted from The Jakarta Globe :

“ Mother is alleged to have been involved in the disbursement of a number of problematic credits, dubbed command credits’ because the funds were withdrawn without the required procedures. A number of credits were withdrawn without mother’s signature as the head of the legal corporate division. It doesn’t make sense.”

She said that the 'command credit' was based on the order Robert Tantular, the bank's majority shareholder and Hermanus Hasan Muslim, the bank's former President Director..
She said that her mother did not deserve to be jailed longer than Tantular who is serving a nine-year sentence for bank fraud, Hermanus only six years, and the infamous former tax man Gayus Tambunan, sentenced to just seven years in jail.

What surprised me was that although she was charged with a crime that carries a 10 years jail term, however she was not arrested. Usually the Police and Prosecutors arrest suspects of crimes that carries a minimum of 5-years jail term based on the Criminal Procedural Law. Besides, she implied that her mother has been preparing a Defense Statement to counter the Prosecutor's demand.

In order to know more, I visited the blog of lawyer Anggara and read the post Belajar dari Tulisan Alanda Kariza (Learning from Alanda Kariza's Writing) which mentioned that Alanda's mother has been defended by a team of lawyers that includes the famous Humphrey Djemat.
Later on, I read on Primair Online Humphrey Djemat helped Arga Tirta Kirana in the court case on Pro Bono basis, because they both studied Law together at the University of Indonesia. 

Alanda's above mentioned writing has drawn people's sympathy to her mother, which can be seen from the comments in Twitter, Facebook, TV, and the appearance of many supporters during the trial last Thursday. At that day Arga presented her Defence Statement to the Court explaining among others that she start working with Bank Century in 2005, about things which happened not according to procedure such as credits withdrawn from the bank, or appointment of her assistants, but were based on instructions from Robert Tantular and Hermanus Hasan Muslim.

Alanda's writing has received contradictory reactions from public, some alleged that her mother has been victimized by others who were far more responsible for the controversial Bank Century Bail out case, others said that she was really responsible. Many others said that the letter and its effect are just part of a scenario to distract public opinion from people who are supposed to be more responsible from this vase.

In this case I think it would be better if we just wait and see how the Court proceedings will end.

Photo :  Courtesy of alandakariza.com

7 Years for Gayus Tambunan

 

Gayus Tambunan was a mid-level officer at the Directorate General of Taxation, but government officials, members of House of Representatives, and law enforcement agencies have been treating him as if he was the only person responsible for all the Tax Crimes in Indonesia.

Every day the media reported about him starting from his arrest by the Anti Mafia Task Force in Singapore, his rich bank accounts, expensive house and cars, his 68 trips inside and outside Indonesia while in Police detention center, trial at the District Court of South Jakarta, and the Prosecutors' demand for sentence of 20 years imprisonment for Tax Corruption charges.

But today, the Court's panel of judges seems to have their own opinion about Gayus when they sentenced him much lower than the Prosecutors' demand i.e. 7 year imprisonment and fine of 300 million Rupiah.

After the trial, Gayus told reporters that he was very disappointed at the Anti Mafia Task Force because they have turned him into public enemy number one, tried to persuade him and his wife to confess that he has helped the Tax fraud of companies owned by Chairman of Golkar Party Aburizal Bakrie, and that he has met him in Bali when he was detained by the Police.

He also accused the US intelligence agency CIA of arranging fake Guyana passports for him, his wife and children for the out of detention trips to Singapore, Malaysia and Macau. 

Considering that the sentence is much lower than what they have demanded and what have been expected by the public, most likely the Prosecutors would file an appeal with the Jakarta High Court against the District Court verdict.

Sources :
-  Gayus Praises Judges, Lashes Out at Task Force (The Jakarta Globe)
-  Gayus verdict disappointing: Graft Watchdog (The Jakarta Post) 

Photo: Courtesy of The Jakarta Globe

Orphans locked-up in Tasikmalaya

I believe that children who do not have parents a.k.a Orphans, are very unfortunate people therefore their well being should be protected.

That's why I was sad when I read on The Jakarta Globe that the Police and Prosecutor in Tasikmalaya, West Java, have locked up some orphans inside an Ahmadiyah Orphan Home since 18 December 2010.

The Mayor of Tasikmalaya was quoted as saying the the lock-up was requested by the public, and if they were not locked-up, they are afraid that the so called Islamic Defenders Front (FPI) might take action.

The worst thing was that only the National Commission for Protection of Children (Komnas Anak) cared about this sad matter.

I wonder where is the Minister of Social who is supposed to take care of matters related to Orphans. Is he too busy accompanying the President watching our national team's matches in the recent AFF-Suzuki Cup football tournament ?

Legalization of Alterina's Sex Status

Last Tuesday, the District Court of South Jakarta has cleared Alterina Hofan (33) of Criminal charges i.e. Identity Fraud and Falsifying Documents, therefore legalized his status as a man.

The Court decides that although Alterina has falsified his documents as charged by the Prosecutor, however considering that this was done merely for his interest and did not inflict loss on other people,  therefore the Court has not regard it as a Crime.                        

The case began on 1 October 2009 when Bernard Hadipuspito dan Grace Maria reported Alterina to the Jakarta Police for marrying their daughter Jane (23) in Las Vegas, U.S.A, on September 2009. Bernard, CEO of Binus University Jakarta, claimed that Alterina is a female therefore cannot marry their daughter. He alleged that Alterina has falsified his identity. As a result of this report Alterina was detained by the Police from 30 April until 31 May 2010.

The Court trials revealed that according to his birth certificate, Alterina was born as a baby girl in Jayapura, Papua on 1 November 1977. At the age of 7, male genitalia began to develop, followed by breasts.later on.
In 2006, Alterina went to a hospital in Canada to remove of the breasts.
And in 2009, the Public Registrar office in Jayapura legalized Alterina's status as a male. 

The Court made it's decision after its all-male-judges closely observed that Alterina has a small penis, but no vagina. 

In reaction to the above Court Verdict, the Prosecutor has stated its plan to file an appeal against it.

Sources :
-  Court Declares Alterina Male on Eyewitness Testimony (The Jakarta Globe)
-  Pengadilan Lepaskan Alter Dari Segala Tuntutan (Hukumonline)
-  Alterina Lelaki Sejati Dibebaskan PN Jaksel (Warta Kota)

Photo :  Courtesy of The Jakarta Globe.

A Man detained at a Women's Prison

Alterina Hofan, a married man, is being tried at the District Court of South Jakarta for allegedly falsifying his birth certificate.

The strange thing about this case is that the Prosecutor has suspected that Alterina was born as a female, therefore he was detained at the Pondok Bambu Women's Prison.

Please find below an article in The Jakarta Globe for more details on this case..

Alterina Hofan with his wife, Jane Deviyant. He has been arrested for allegedly falsifying his birth certificate, with prosecutors saying he was born a woman. He is being detained at a women’s prison. (JG Photo/Zaky Pawas)

Gender Confusion Lands Suspect in Women’s Prison 

Although Alterina Hofan says he is a man, authorities think otherwise and have detained him at Pondok Bambu Women’s Penitentiary for allegedly falsifying his personal data.

Alter, as the 32-year-old is also known, said he was born a boy but because his male genitalia did not develop properly when he was a baby, his mother decided to registered him as female, even dressing and treating him as a girl. However, he says he grew up thinking he was a boy.

Only when he was in his teens did his penis finally develop, Alter added.

Doctors at Cipto Mangunkusumo Hospital in Central Jakarta, Alter said, had diagnosed him as suffering from Klinefelter’s syndrome, a sex chromosome disorder which reduces testicular hormone production and can result in abnormally small testes and underdeveloped genitalia.

Alter was reported to the police by the mother of Jane Deviyant, 23, a deaf girl he had married in Las Vegas in September 2008. The woman’s mother, who was a friend of Alter’s, believed he was a woman, not a man.

Alter said he had always felt he was a boy growing up, adding that when he was in elementary school, he would always ask to wear trousers and not skirts.

Alder said he was physiologically a man and could perform sexually as such. “Just ask my wife,” he said.

But law enforcers beg to differ, arguing that the results of a lab examination had showed that he was a woman.

Sugiyono, assistant for general crimes at the Jakarta prosecutors’ office, said that although Pondok Bambu initially declined to accept Alter because he appeared to be a man, its warden relented after being given an explanation by prosecutors.
“The rejection was because of misinformation,” Sugiono said, “she is really a woman.”

Mother-in-law Maria Grace, who opposed the marriage, reported Alter to the police in October for falsifying personal data on his birth certificate. Alter said it had been unofficially altered by his mother to rectify the initial mistake.

Sugiyono said the indictment had been forwarded to the South Jakarta District Court and a trial was imminent.

Alter said that as a result of his chromosome disorder, he had grown breasts. “My breasts grew but not big,” he said, adding that he had them surgically removed in Canada in 2006.

“Jane knows that I have undergone breast reconstruction,” he said.

The couple was introduced by Grace in Singapore, where Jane was visiting during holidays from her business administration studies in the United States. Despite Grace’s objections, Jane and Alter met in secret and, eventually, also married in secret.

When Jane finished her studies and returned home, however, Grace found out about the marriage and forbade her to contact Alter. In the end, Jane left her mother to join her husband.

Grace had initially reported Alter to the police for allegedly abducting Jane, but the investigation was later dropped because Jane said she had gone with him willingly.

Jane said she could not accept being separated from her husband. Although Alter was not detained during the police investigation, he was taken into custody on Thursday once his indictment was filed with the court.

“If he is detained I want to be detained with him,” Jane said.

“I am really happy. Please, mother and father, do not separate us. I know what I want.”

Corruption Fighter is Facing Death Sentence

During yesterday's trial at the District Court of Central Jakarta, the Prosecutors have requested the judges to punish former Anti Corruption agency (KPK) Chief Antasari Azhar with a death sentence for murdering Nasrudin Zulkarnaen.

This request is surprising because in previous court trials some key witnesses have denied allegations made by the Prosecutor and the Police, among others as follows :
1) Pol. Colonel Wiliardi Wizar who was accused of coordinating the murder has withdrawn his testimony
against Antasari, he said that Deputy Chief Detective Insp. Gen. Hadiatmoko has pressured him to testify that Antasari ordered the murder of Nasrudin. After that he apologized to Antasari for all the trouble.
2) Although Hadiatmoko denied by saying he has nothing to do with the case, but his ex boss Susno Duaji
testified that the National Police Chief Bambang Danuri has assigned Hadiatmoko to handle the case. 
3) Forensic expert Mu'nim stated that his Coroner's report was not appropriate  because  when he received Nasrudin's body, it was already manipulated i.e head baldly shaves and wound on his forehead stitched.
4) The ability of the civilians who were accused of executing the murder were in doubt

The above development, and previous unsuccessful attempts to link KPK Deputy Chief Bibit and Chandra with corruption charges, have caused public speculation that Antasari may have been a victim of conspiracy to undermine the KPK. For detailed media reports on the above, please click here, here and here.

I hope that the court's judges would wisely consider all aspects, especially justice and legal certainty, before passing their judgment on this very high profile case, so that justice shall prevail and the law enforcement agencies can focus attention on important matters like the mysterious flow of Rp 6.7 Trillion of tax payers' money to Bank Century.

Photo : Courtesy of The Jakarta Globe.

Prita is Free from Criminal Charges

Today, the District Court of Tangerang, Banten, has acquitted Prita Mulyasari (32) of the Defamation charges filed against her by the Tangerang Prosecutors Office.

In previous trial, the Prosecutors have demanded Prita be sentenced to six months in jail for Defaming Omni International Hospital in Tangerang based on the Electronic Information and Transaction Law.

The judges said that Prita only sent e-mails to her relatives and friends warning them to be careful with the hospital's poor services.

In reaction to the verdict the Prosecutors plan to appeal said verdict, thus Prita must wait for 14 days to know whether or not the Criminal charges is on.

For detailed reports, please click here and here.

Beside Criminal proceedings Prita is facing the hospital's Civil Lawsuit, in which the District Court of Tangerang and High Court of Banten have found her guilty and fined her Rp 204 million. These Verdicts have sparked people all over Indonesia to donate coins worth more than Rp 600 million plus hundred millions more of paper money. Prita has filed an appeal with the Supreme Court against this lawsuit and counter claimed the hospital to pay compensation of Rp 1 Trillion.


Photo : Courtesy of The Jakarta Post.

The Naughty ex-Prosecutor

Lately, the news media has reported about alleged bad conducts of some Prosecutors in Indonesia, such as unprofessional handling of the Prita case, and selling Illegal Drugs that are evidence in court trial.

Apparently, such kind of things also happened in the United States, the difference is that it was done by a retired Assistant Prosecutor in Hennepin County, Minneapolis.
According to Legal Blog Watch, former Prosecutor John St. Marie (65) was busted by the Police for supplying prostitutes to a group of around 30 older men known as "The Minnesota Nice Guys." Many of the men know St. Marie, through a Web site for "hobbyists" looking for high class lady escorts. He would book the woman's flights and hotel rooms and schedule their appointments. Police allege that St. Marie has been arranging prostitutes since shortly after retiring from the prosecutor office in 2003. St. Marie send weekly e-mails to those men advertising women who would be flying into Minneapolis and staying at some of its finest hotels. One of the women is a 34-year-old former teacher from Colombia, used to take an average of four appointments a day, charging her clients $500 an hour. St. Marie, who uses a wheelchair because of childhood polio, is not alleged to have taken money for arranging the liaisons, but is alleged to have accepted "in-kind services" from some of the women. He is expected to face federal charges for transporting the women across state lines. The Police have not arrested him but they have searched his home in May and seized his computer. He told Police that he had been seeing prostitutes for 35 years. The Police have arrested the Nice Guys, some of them cried when arrested.

The above cases show that due to the important role played by the Prosecutors in enforcing the laws, it is very important to supervise their works and provide a better retirement plan for them. That way, wrong doings can be minimized.

The Prosecutor's Website

In the last few months, the news media has reported about Prosecutors who have not done their job properly, two lady Prosecutors have even been arrested by the Jakarta Police for alleged selling of Illegal Drugs used as evidence in a Court case.

In order to improve its image as a law enforcement agency and to enable the public submit reports regarding anything related to the Prosecutors, on Wednesday, 26 May, the Attorney General Office (AGO) has launched the website: www.kejaksaan.go.id.

In this regards, Detik quoted the Deputy Attorney General Mochtar Arifin as saying that the public should not be afraid to submit their report because they shall be treated confidentially and shall be followed up immediately.

The launching of the website shows that the AGO is very serious in improving its performance.

Ecstasy Pill cases

On 11 April, the Jakarta Police released two Prosecutors who were arrested for selling 343 illegal Ecstasy Pills i.e Ester Tarnak & Dara Tarnita, because the former failed to meet the requirement for obtaining arrest extension permit from the Attorney General Office.

While this case is still being processed, Kompas reported today that another Prosecutor i.e. Sutoni of the West Jakarta District Attorney Office has been suspected of violating the procedure for handling a case against Gunawan Tjahjadi who was prosecuted for possessing 470 Ecstasy pills. The West Jakarta District Court only tried this case 2 times, on 17 and 18 February 2009. Sutoni read his prosecution on 18 February, in which he demanded one and a half year imprisonment, and at the same day the Council of Judges punished Gunawan with 1-year imprisonment. However, on 17 February Gunawan was already released from Police custody, but was arrested again on 19 April 2009.

Considering that the above two cases are related to Illegal Drugs which can cause devastating problems for those who are addicted, their families, friend and the society, I hope that all the suspects would be processed according to the law, so that seekers of justice would have a peace of mind.

Drugs Dealing Prosecutors

Illegal Drugs business seems to be very attractive for some people, including few law enforcement officers, that they would be tempted to take part in the business.

That's what I though when I read an article in today's Kompas Newspaper Page 25 regarding Irvan, a Police officer in North Jakarta who was caught by the Police for selling 343 Ecstasy pills at a nightclub in North Jakarta.
What shocked me is that during the investigation, Irvan confessed that he got those drugs from two lady Prosecutors i.e. Ester Tanak and Dara Veranita, who were handling Drugs case at the District Court of North Jakarta in which M. Yusuf was the Defendant. Those drugs are part of the 5,000 Ecstasy pills confiscated by the Police during a raid at an apartment in Kelapa Gading, North Jakarta.

And what shocked me even more is that the Police can only process the case of Irvan, but has to release the two prosecutors at 2 pm today because the Attorney General Office (AGO) has not given the Police a permit to detain them. But the AGO’s Public Relation officer i.e. Jasman Simajuntak denied this allegation. He said that his office would issue the permit if the Police made a written request, in stead of a verbal request, for said detention as stipulated by the Prosecution Law No. 16 Year 2004 Art. 8 Par.5.

In reaction to the above, head of anti drugs organization GRANAT Henry Yosodiningrat stated that the release of those two lady Prosecutors would create public assumption that the AGO is protecting their "nasty" Prosecutors.

Now that the real reason for obtaining the AGO's permit have been known, I hope that the Police would issue the written request and send it to the AGO, so that the two prosecutors can remain in detention. Therefore, this illegal Drugs case can be prosessed ASAP and those involved could be punnished accordingly.

Tommy wins again!

The youngest son of the late former President Soeharto, Hutomo Mandala Putra a.k.a Tommy, has once again beaten the Indonesian government’s efforts to recover money that the state lost from the national car project during the last years of Soeharto’s reign.

According to Kompas, last Wednesday the District Court of Central Jakarta has rejected a lawsuit filed by the government against Tommy on charges of selling the assets of his “Timor “national car project to his own company. The judges said that the Prosecutors have failed to provide sufficient evidence to back out said lawsuit.
The Jakarta Post reported that the case started in 1999 when the Indonesian Bank Restructuring Agency (a.k.a BPPN) took over the assets of Tommy’s national car company, PT. Timor Putra Nasional, as collateral for outstanding debt of Rp 4 trillion to the state. Later on, IBRA sold the said assets to Tommy’s other company PT. Vista Bella for only Rp. 445 billion, thus giving Tommy a Rp. 4 trillion gain from the sale.

This court’s verdict shows once again that our Attorney General Office seems to be weak in prosecuting Tommy. The irony is that Tommy has escaped prison for one year without being punished. Instead of getting more prison term, he got reduction.