26 October 2010
Deponeering and the KPK...
Will they or won't they, that is the question?
It seems every man, woman, child and perhaps some of our friends from further afield in the animal kingdom are weighing in with what the Office of the [Acting] Attorney General should do in the case of the "fabricated case". So, not one who like to be left out, I figure I will weigh in with a few "insights" of my own.
Deponeering is a legal remedy that the Attorney General has at their disposal to discontinue the prosecution of a case where the discontinuing is in the public interest. This case should not be deponeered. The simple reason is that there is nothing that is subject to deponeering. There is no case!
The case from the outset was a complete and utter fabrication. It was a fabrication constructed to tarnish the good names and reputations of two men whose crime was to passionately believe in the vision extolled by the current president to rid Indonesia of the scourge that is corruption. For their passion they were sent forth as sacrificial lambs by the president who they have so faithfully served.
What should, no, what must, happen with this case is that it should be dismissed with prejudice. There needs to be a very public apology issued to both men, Chandra M Hamzah and Bibit Samad Riyanto, that states unequivocally that the case against them was fabricated, that there was never any evidence to sustain the allegations, and that they will be compensated if they so choose to pursue any civil claim.
Anas Urbaningrum, the Chair of the Democrat Party, has been vocal in expressing the Democrat Party view that the best course of action now is deponeering. I beg to differ. Mr. Urbaningrum represents the political vehicle of the president, and perhaps the deponeering view is the president's view as well. And, if it is the SBY view, then I would suggest that the president is a coward. Deponeering by its very nature can be interpreted as there is a case to be answered but rather than force the answers to be brought forth at trial the big picture of social and civil stability calls for a trial to be avoided.
Once again, it is time that the president stepped into the great abyss that is Indonesian politics and said, "This case is not going to be deponeered! There is no case to be answered! This case is going to be dismissed because the 'evidence' that it is based on is not evidence at all, but lies." Is this going to happen? No! Why won't it happen? It won't happen because deponeering is a face-saving measure where the president can claim that he was right not to get involved, that justice has run its course and justice has been done. The president has just about always been somewhat two-faced on anything that is significant to Indonesia making real progress.
Once again, deponeering this case is not justice served, it is justice denied.