23 November 2009

Chandra M Hamzah and Bibit Samad Rianto -- Deponeering...


The President of the Republic of Indonesia, Susilo Bambang Yudhoyono or SBY, is not scheduled to respond to the Team of Eight report and their investigation and recommendations regarding the police and prosecutors case against Chandra M Hamzah and Bibit Samad Rianto until tonight. However, unwittingly or not, he has probably provided some insight into what his remarks are likely to be when he addressed the chief editors of 75 media organizations last night.

It is clear that the president feels that some of the issues that have arisen during the cause of these shenanigans have been nothing short of a personal affront to him and his family. Therefore, it is of little or no surprise that he wants this issue to go away, and go away fast. The longer it drags on the more damage it does to him and his legacy.

So, what did the president say exactly. Well, in a nutshell, he wants the issue resolved, and he wants it resolved out of court. His suggestion is that the police and the Office of the Attorney General use their deponeering (sometimes spelt deponering) to discontinue the investigation. Deponeering is a legacy of the Dutch colonial legal system and in its most simple terms means to discontinue any investigation in the public interest. In essence, the president is telling the police and the AGO to end this thing by just pulling up stumps and letting the issue die a fast but peaceful death.

Yet, it is worth noting that in his comments he seems to suggest that ultimately this is a call for the police and the AGO. If this is true, and he has not issued a direct order to the police and the AGO to deponeer this case, then it is a little bit disingenuous to suggest that he is becoming actively involved in the case. In fact, it is pretty clear that he is setting up the public for disappointment by saying that he will not be forced into overstepping his boundaries as president.

And, as far as he is concerned, if he was to order the police or the AGO to stop the investigation then he would be overstepping his authority and interfering in the proper domain of law enforcement. However, he had no qualms about involving himself by pushing through an interim law (perpu) to get three new commissioners appointed to the KPK. It would seem that the president is prepared to pick and choose how he exercises his authority in this case while hiding behind constitutional amendments that supposedly limit the president's authority in dealing with matters relevant and important to the development of democracy within the Republic of Indonesia.

The Team of Eight report also recommends that heads should role. So, it will be interesting to see whether in letting the police and the AGO decide whether he lets the Chief of Police and the Attorney General to continue to make a mockery of their respective institutions.

The idea that deponeering this case as an out-of-court settlement is fair is also a backhanded slap to the face of the KPK and to Chandra and Bibit specifically. This is particularly so if the deponeering does not result in a complete withdrawal of the charges and some degree of compensation for the damage the investigation has done to the reputations of Chandra and Bibit to date.

There would need to not only be a deponeering happening here, but a full and unequivocal apology to both the KPK commissioners for the harm done to them. Anything less would be a slap in the face. This would be particularly so considering that the Team of Eight report states that the police and the AGO do not have enough to sustain a charge of abuse of power or extortion.

So, it remains to be seen. What will the president do? Mr. President what will you do?

12 comments:

H. Nizam said...

Rob,

Last night's statement leads us to questions whether stopping court settlement would mean that there will not be any action against Anggodo, and no sanctions against officials who were allegedly involved in the conspiracy against KPK leadership.as

Rob Baiton said...

Harry...

Well, should people really be surprised by this turn of events?

The statement was vague at best. It highlighted that the only real reason SBY is now calling for an out-of-court settlement is because the public thinks that the process is a sham, and it is costing him public support and harming his carefully cultivated image.

I know that you hold high hopes for SBY as president. But, this case and this statement highlight that he is not made of the leadership metal that people believed he was.

I have the distinct impression, I might be wrong (known to have happened before, once :D), but it seems that the president's preferred option is for this just to disappear.

The whole process has been a lesson in farce, and the statement by the president last night has done nothing to allay the fears of the public.

The president has in fact said lots but none of it means anything in the big scheme of things.

One might argue that this is the Javanese way to avoid confrontation and to save face at all costs. However, I have lived and grown to understand the myriad of cultures in Indonesia (some better than others obviously) but most Indonesians I know prefer a strong and decisive leader.

On a side note, if SBY is seriously considering himself to be a shot for the chair of UN Secretary General then he is going to have to show a lot more leadership metal than this.

Words that come to mind when thinking about the statement include: vague, cowardly, weak, special interests, and self-serving, to mention but a few.

oigal said...

Simply confirms that nothing was ever or will ever change and did anyone ever think it would.

Rob Baiton said...

Stump...

The people have got to have hope, don't they? Hope that things will change for the better.

oigal said...

Hope vs Reality...

To take this on would be a turning point for the whole nation but also probably a death sentence.

You open this can of worms, you cannot help but go into dirty police, dirty judges, dirty pollies, dirty businesmen and on and on.

The whole system is structured around graft and not as an isolated one or two bad eggs.

The man who takes it on would be hero but short lived I reckon and don't underestimate the social unheaval that would result..Is Indonesia ready to apy that price?

Belajar Bahasa Inggris said...

sorry for bad English

I think SBY performance in his first term as President of Indonesia has been great. He is really great permormer. He brings joy, peace, stability and restores the pride of Indonesian. He is handsome, tall, good singer and looks all good in television. That is why he won the election because he won the heart of ibu – ibu in Indonesia.

Now time has change. Peoples not only want peace and stability but we want to move forward. We want leader who can make good and quick decision when necessary.
Unfortunately SBY famous for his indecisiveness since his time in Army,

Look what he did in this Gecko-gate. He creates fact-finding team but he does not know how to take action when the fact-finding team gives recommendation. If he keep on move his pawns, knight, bishop without purpose and taking consideration what would happen next, then soon peoples will say, “I am sorry, check mate Mr. President”

In the situation like this, I start to miss the man who often comes out with think out side the box solutions. The man who bring peace to Aceh , the man who take action to solve electricity crisis, kerosene shortage, and solve conflict among state institution, especially the man who make SBY always look good



now without him SBY does not look so good

I don't like you anymore SBY


Taxi for SBY pleaaaaasssseeee

oigal said...

"He is handsome, tall, good singer and looks all good in television"

Ah that explains my poor political career thus far..

Sorry Kalla fixed nothing but himself. The power crisis did not just happen but is due to inept managment and systemic corruption over decades with the worst excesses taking place in the last decade. As for Aceh, nature had more to with peace (?) there than Kalla turing up at the last minute.

Belajar Bahasa Inggris said...

the different between SBY & JK as decision maker

SBY is big but slow in action
JK is small but fast

"The power crisis did not just happen but is due to inept managment and systemic corruption over decades with the worst excesses taking place in the last decade."

If it takes decades to cause Power Crisis, than if we ask this problems to be solve completely within 5 years, i think that is to much to ask. at least for short term solution we show they doing something and ask people to participate

when things happen again recently, Brigadier General SBY give ultimatum to PLN. That is his solution.


"As for Aceh, nature had more to with peace (?) there than Kalla turing up at the last minute."

Every body want peace, Aceh,Papua, East timor, Iraq, Afghanistan. but not everybody know how to create peace.

Tsunami give opportunity for peace, but if no one come to offer solution which is acceptable for both side. this opportunity will just pass by.


Sby is soldier, he get paid by follow order. Before somebody always above him to give him order.Now he is on top, he must be blur what to do


Jk is trader, he get reward only if he can understand his customer needs and able to fullfil it.He must think a lot to solve his customer need. then only he can be successful trader.


any way, I just point out on SBY indecisiveness.


Actually I prefer SBY & JK continue their second term.
Good looking SBY still become President and Ambassador of peace and stability for Indonesia

And Jk working to solve Indonesian People problem and fullfil their need.


But traders will never satisfied to work hard for someone and give all credit to him

Belajar Bahasa Inggris said...

SBY Break my heart


Taxi for SBY please!!!

lawk said...

How far do you trust this guy??

so far off many radar screens..

However, unlike several senior law enforcers who stepped down after being implicated in the plot, I Ketut Sudiharsa, deputy chairman of the agency, also known as the LPSK, maintained his innocence and refused to follow the recommendation of his fellow members.

“To resign means that I have admitted that what I did was wrong,” he said. “I will not resign until the LPSK concludes its internal investigation and impose a sanction against me.”

keep up the great reporting

xl pharmacy said...

Where's the Republic of Indonesia? I am sorry but I thought it was a banana republic too! I can't believe it, they already have a President! ha ha what a funny little man... he looks wit and responsible, fairly good, doesn't he? They'll built a real country. I am an ignorant so I just look his pictures a then, I write down the comment, but in this occasion, I read all those lines... It was a good post, and now, I will find everything related to Susilo Bambang Yudhoyono.

www.muebles-en-malaga.com said...

Thanks so much for this post, pretty worthwhile material.