Time For SBY To Step Up To The Plate...

The Fact Finding Team appointed by the President of Indonesia, Susilo Bambang Yudhoyono or SBY, has held a press conference to relay their findings and what they intend to put in writing to the president. It is worth noting that the fact finding team, or the Team of Eight as it is known, have no real powers to stop the investigations by the police or the Office of the Attorney General (AGO).

Nevertheless, considering that SBY went to the trouble of appointing the team means that if he does not follow through on what the team finds, then he will look like he is dragging his feet and this can only be a negative in the long-term for the president and his legacy.

The fact finding team has reported that the police and the AGO do not have a case against Chandra and Bibit. The evidence that they offered up to the team as proof of the case has been deemed inadequate. It has been deemed to be insufficient to sustain the indictment and it has been deemed to not be sufficient to get a conviction. This is a pretty big slap in the face for both the police and the AGO.

It is worth noting that this is also a pretty big slap in the face for the president as well. He steadfastly refused to become involved and his reluctance to do so has shown him to be weak on ant-corruption measures and willing to do whatever it takes to avoid making the hard decisions and upsetting the apple cart. The failures in this case will continue to haunt SBY for some time. They might also be instrumental in undermining any legacy that he thought he might be leaving with respect to being a reformer and corruption fighter.

What the interim report does put into play now is how should those who remain be dealt with. This is particularly so for the lead actor in this charade, Anggodo. Anggodo by his own admission has seemingly said he was trying to bribe members of the KPK and had disbursed money for that purpose. If there is no evidence, and the fact finding team says that there is not, then Anggodo must be charged with obstruction of justice type violations and making an attempt to bribe members of the KPK.

Furthermore, the Chief of Police and the Attorney General must also be investigated to determine what they knew and when. It seems that both were either involved in the construction of the case against Chandra and Bibit or were aware early that it was a fabrication. Both men have fronted the relevant Commission at the DPR and claimed that there is evidence of the extortion and bribes being completed, In essence, they have suggested that both the police and the AGO intend to pursue the matter to its conclusion.

The only way that either can avoid the pink slip treatment is to prove that to all intents and purposes they were "just doing their jobs". Somehow this seems unlikely.

It appears that round three, four, and five have gone to the KPK as well. The police and the AGO are taking a beating in not only the courts of law but the court of public opinion as well.

Time to give this one up.

Bye Bye Chief of Police, Bye Bye Chief of Detectives...

The game might very well be up for both the Chief of Police, Gen. Bambang Hendarso Danuri, and the Chief of Detectives, Comr. Gen. Susno Duaji. That game being their employment in their current positions. Any attempt to maintain them by the president will be a mortal wound for the president as both the Chiefs are tainted beyond salvation. In essence, the president himself signed off on the pink slips when he created the fact-finding team, and then tasked that team with uncovering the truth.

There remain questions of independence considering the president appointed a team to uncover the mentioning of his name in a some wire-tapped conversations. However, the fact-finding team was always going to find that there was no evidence against Chandra Hamzah and Bibit Rianto because there was none to start with.

Indonesian law in its current form would not sustain the trumped-up criminalization of authority charges, and the alleged corruption has to-date not been proved. In fact, there is not even enough in police hands at the moment to even formulate the charge.

The fact finding team is supposedly going to send an interim report to the president that states that there is not enough evidence to proceed against Chandra and Bibit, either on the current charge or the alleged corruption. The president can no longer sit back and say that he is going to let this charade run its legal course. That course is done. The charges against Chandra and Bibit must be dropped and they must be reinstated immediately to their positions as Commissioners on the Corruption Eradication Commission.

This farce has already damaged the president, and any feet-dragging on his part once the fact finding team reports will only further damage his credibility as a corruption fighter.

If the president is worth his salt, then the Chief of Police will resign, or be dismissed, within 24 hours of the fact finding team's report (assuming that they report that there is not enough evidence to proceed). Quite simply, the Chief of Police used a Parliamentary Commission to state publicly that the police had enough evidence to proceed against Chandra on the corruption allegations. This would seem to be a clear case of putting the cart before the horse.

In simple terms, the Chief of Police lied, and he seemingly has misled and lied to the parliament about the state of the police investigation into the allegations.

Furthermore, the Chief of Detectives must also resign or be dismissed. After all this was his own personal vendetta or war against the KPK, and he has been found wanting in the honesty and integrity department. This is in spite of any claims he may have made as God is his witness that he never received any bribes. Whether he did or did not is irrelevant. His pursuit of Chandra and Bibit was a clear abuse of power on his part, and that in itself is sufficient for him to fall on his own sword and resign. If he does not have the desire or courage to fall on his sword, then the president needs to ensure that the man is dismissed from his position.

Once the president has taken the opportunity to clear out the dead wood from the police force, he must then turn his attention to the Office of the Attorney General (AGO). Heads will also need to roll there. And, those heads must continue to roll until a new Attorney General is appointed. Best case scenario for the next AG is that it is a lawyer of good standing and a clean reputation. It cannot be an internal promotion from within the ranks of the AGO as the AGO has shown that as an institution it is tainted with corruption.

The reality is that an outsider with a mandate and the support of the president will have a foot up in terms of cleaning house and setting the AGO on the path of real reform.

This would seemingly be the perfect opportunity for the president to clean house, and start fulfilling the promise of corruption eradication, clean governance, and a brighter future free from institutionalized corruption for all Indonesians.

Postscript...

I should add that the Deputy Attorney General, Abdul Hakim Ritonga, and the Chief of Detectives, Comr. Gen. Susno Duaji, have tendered resignations.

Corruption at the KPK...

The fight for justice against corruption is never easy. It never has been and never will be. It exacts a toll on our self, our families, our friends, and especially our children. In the end, I believe, as in my case, the price we pay is well worth holding on to our dignity.

-- Frank Serpico

It is certainly going to be interesting to watch this particular case unfold. If for no other reason that you have two commissioners of the Corruption Eradication Commission (Komisi Pemberantasan Korupsi / KPK), Chandra M Hamzah and Bibit Samad Rianto, accused of taking bribes to drop a case against a local Indonesian businessman who has since fled, and is thought to be living in Singapore.

Interesting because both successfully negotiated a very long and difficult vetting process which ultimately saw them appointed to the KPK, and by default one would have to assume that the vetting process turned up nothing of contention and certainly nothing that would have pegged them as being corrupt.

So, it appears, at least to the police, after having had long and successful careers outside of the KPK both Chandra and Bibit have turned to the dark side and take a bribe of allegedly IDR 1 billion for Chandra and IDR 1.5 billion for Bibit. Chandra allegedly collected his bribe, in cash, at Pasar Festival, and Bibit collected his at the Bellagio Residences.

This is most definitely out of character. So much so, that it seems almost impossible that the police are going to be able to put together a sustainable case. Particularly when it seems that the police have not been able to track the money nor place any other eyewitness accounts of the alleged payoffs. This is surprising for Pasar Festival as it is a place that generally has large numbers of people about.

However, the police have to have something because it would be extremely poor judgment to proceed without sufficient evidence. On the evidence front, the primary evidence is said to be an unsworn statement by the former Head of the KPK, Antasari Azhar, who is waiting to go to trial for his alleged role in a murder conspiracy.

It is a big call for the police to want to try and take these allegations all the way by filing a dossier with the Office of the Attorney General if the only "solid" evidence is an unsworn statement from an individual facing some pretty serious charges. The police have also said that they expect to file more criminal charges on top of the abuse of authority charges and the more recent bribery charges. But, they are not at liberty to disclose what those charges are likely to be.

The police case against Chandra and Bibit is simply that they abused their authority as commissioners of the KPK by seeking, obtaining, and then removing a travel ban against Anggoro Widjaja and Djoko Tjandra. Apart from some rather obvious repercussions of criminalizing administrative powers, the police case has absolutely no chance of success.

The idea that the administrative functions of public officials can be criminalized is one that even Indonesian courts will find a little repugnant. Mainly because if the courts were to accept arguments then by logical extension many, if not all, of the administrative functions of all public officials would conceivably be criminalized, perhaps even those of the president.

When the police realized the weakness of the case it was seemingly decided that there was a need to up the ante with criminal charges relating to bribery. If there is a fishy smell about this then it is that the Head of the Criminal Investigation Branch, Comr. Gen. Susno Duaji, that is investigating this alleged crime is also caught up in a KPK investigation relating to Bank Century.

Bank Century is the bank that was bailed out by the government under somewhat debatable circumstances as to the importance of the Bank to the overall Indonesian economy and during a time where the founders and upper level executives were allegedly syphoning off large sums of cash.

Therefore, it would seem to be a simple ask that the Chief of National Police, Bambang Danuri, would remove Duaji from his position in order to avoid any apparent conflict of interest. Any failure to do so will continually expose the police as a whole not only to the idea that there is a personal element of payback to this investigation, but that the police themselves are operating not solely in their own interest and the interest of the broader community, rather they have abandoned the ideal of the broader community to act on behalf of a couple of individual citizens who have fled the jurisdiction.

Perception is sometimes more powerful than the truth, the idea that the pen is mightier than the sword.