Why Deponering Must Not Be An Option...

Deponering is a legacy of Dutch Colonial administration of the Dutch East Indies. It has remained a legal option for certain cases even after the Republic of Indonesia was declared. It has come to the fore again having been argued as an appropriate mechanism for concluding the "case" against Chandra M Hamzah and Bibit S Rianto. My opinion is that deponering is not an appropriate or suitable mechanism for resolving this case.

This post is not an in-depth legal analysis, it is opinion.

Deponering in its most simplest sense is the dismissal of a case in the public interest. In essence, the arguments for deponering in this case are that pursuing this case is likely to cause more problems than it resolves. particularly with respect to creating social and community unrest.

Chandra and Bibit are Commissioners on the Corruption Eradication Commission (KPK). The allegation against them was that they extorted money, a bribe, out of a corruption suspect's brother, Anggodo Widjojo, in order to lift a travel ban on Anggoro. From the outset the case against the two KPK Commissioners was a farce. There was no evidence and continuing investigations into the supposed evidence only served to highlight a conspiracy to frame the two Commissioners as a means of weakening the KPK and its effectiveness in fighting corruption.

Nevertheless, the fact that the case is ongoing highlights just how far special interests have infiltrated the law enforcement and judicial systems. This is evidenced in the fact that the case was to all intents and purposes dropped once before, only to have the courts overturn the dismissal and set the case back in motion.

The matter is now at a stage where the Supreme Court is making statements that it thinks a deponering of the case is the best way forward. It is not the best way forward. The public interest is not best served by deponering this case.

There has been a concerted effort to smear and destroy the reputations of two honourable men. This effort has been facilitated in a large part by those individuals that have been tasked with upholding and enforcing the laws of the Republic of Indonesia. There is nothing to be gained in the public interest by trying to sweep this whole sordid affair under the carpet by deponering it.

The reality is that these two men deserve nothing less than complete vindication. If they have to go to court to get it, then so be it. Going to court though has a real Pandora's Box risk to it. Once you take the lid of this thing, one can not really be sure what might be exposed. This is the reason that a deponering resolution is being pushed as hard as it is. It avoids exposing the dirty workings of quite a number of state institutions. There might also be some concerns as to how high up the chain of command this smear campaign goes.

The problem with deponering is that the public angle here is that deponering is being spun as a confession of guilt without having to go to trial to get a conviction. This is the AGO's attempt to convict Chandra and Bibit in the Court of Public Opinion. Deponering is saying these two men are guilty as they were charged, we have the evidence to prove it, but because adducing this evidence in court will upset you the public, we have decided to let them off with a pass.

The correct resolution to this case is that it is dismissed with prejudice. The dismissal must also include a statement that contains explicit language which states in unequivocal language that there was never any evidence that Chandra or Bibit took bribes, that this case was fabricated from the start, and the final part of the dismissal of this case must name those who attempted to perpetrate this fraud against the Indonesian people. Anything less than this is an insult. It is an insult to Chandra and Bibit, and it is an insult to good law-abiding Indonesian citizens.

Deponering must not be an option. Indonesia deserves better!

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.

Corruption and SBY...

"My President is not capable of stopping corruption! Save the KPK! Save Indonesia!"

It has an almost "Hereos" ring to it, "Save the Cheerleader, Save the World!".

But, the reality is that nothing is likely to save the presidential legacy of Susilo Bambang Yudhoyono. There is little likelihood that the dysfunction that is the SBY presidency will generate any debate like the Soeharto presidency. There will simply be no debate as to whether SBY should be declared a national hero. It is sort of like not cleaning up spilled wine straight away; the longer you leave it the more ingrained the stain!

The funny here, in that really perverse kind of a way, is that SBY came to the Indonesian presidency on a promise that he has not been able to keep; rooting out and eradicating corruption. The problem, corruption, is big. Yet, when Indonesia most needed leadership, SBY has been missing in action. Some might want to argue that SBY is the Teflon president. I would suggest that nothing ever sticks because he is not there to start with as all the hard yards are done by others and then spun by those closest to the president to intimate that he was at the forefront of any response.

To the contrary, why is it that corruption still exists on such a grand scale six years into the SBY presidency? Although, I am waiting for the presidential spokespeople to start spinning the apparent decision of the office of the attorney general to allow prosecutors to drop the fabricated case against Bibit and Chandra. It would be just too funny now for the spin to come that the president worked hard behind the scenes to see that the case was dropped, particularly after the claims that he had to keep arm's length and let the judicial process take its natural course.

Unfortunately, Mr. President, there was never anything natural about this case from the start. It was a "stitch-up" and an attempt to forever smear the reputations of two good, decent, and honest men who put all those personal traits on the line to fight your war against corruption! These men are the epitome of the testicular fortitude that you yourself lack. I am sure in the future that you will not see Bibit or Chandra lobbying to become national heroes. Two good men who are more concerned about the direction of their nation and the futures of their children and grandchildren! Now, if you ever need some pointers on how to maintain dignity and lead in times where the forces of evil line up against you, then you should give them a call; you might learn a thing or two.

Mr. President, it's time for a little 20 / 15 vision!

The KPK & The Police...

It is not like we did not know that this was coming, was it?

The police have finally admitted what we all already knew, they have no recordings! Yes folks, that is right, the police have nothing, they have squat, they have diddly, they are an embarrassment to themselves and to Indonesian law enforcement in general.

So, what did the police offer up as proof that they had done the right thing in pursing this to the n-th degree in order to detain two commissioners of the Corruption Eradication Commission, a copy of phone records and SMS records. Oh dear!

Therefore, the police case was based on the testimony of a man who would seemingly do anything, and say anything to save his skin, by alleging that Bibit Samad Rianto and Chandra M Hamzah were on the take to the tune of IDR 5.1 billion, and some phone records, but no recordings. Oh dear!

The last time I checked it was not illegal to make phone calls nor was it criminal to send and receive SMS. Please, tell us that the Chief of Police ordered an investigation to verify that any of these alleged communication were in any way illicit. Please, please, please...Oh dear!

In other words, or just "simple terms", the police have had nothing, and they have had nothing all along. They have victimised two innocent men, they have brutalised their reputations, and they have caused them significant harm for a record of phone numbers and SMS.

Heads should must roll! The Chief of Police needs to be the first head to roll!

Penis Enlargements and the Indonesian Police Force...

A recent article in The Jakarta Globe draws out some interesting links between penis enlargement, the Indonesian National Police Force (Polri), the separatist movement in Papua, and serving the public. It seems that any man wanting to join up and serve the public as a police officer in Papua will be required to answer a question about whether or not they have had a penis enlargement.

The argument according to the Police Chief, Bekto Suprapto, is that an enlarged penis is a problem during training (and presumably during service). I am sure, if pressed, Suprapto would be willing to elaborate as to exactly what sort of training the police do in Papua that makes an enlarged penis problematic.

However, this poses some interesting questions for recruitment officers as they search to 'enlarge' the ranks of serving police officers. First, is there a set of penis size standards that prospective candidates must meet in order to proceed through the selection process? Then the obvious questions tend to, what is the deal for men who, without treatment, are already well-endowed? And finally, is there a corresponding set of size related criteria for women and the size of their breasts?

In any event, if they do not make the grade as police officers then there is a good chance they might be snapped up by the porn industry where it seems that size is respected as an asset rather than an obstacle.

So, what about the court decision that seemingly reinstates the case against Chandra M Hamzah and Bibit Samad Rianto?

The Case Against Chandra and Bibit -- Dropped!

It was time that these shenanigans came to an end. The fact that this 'case' ran as long as it did is an embarrassment to the Indonesian Police, the Office of the Attorney General, and the Office of the President of the Republic of Indonesia. When leadership was called form it was severely lacking from those elected and appointed to leadership positions. Instead it was people power and the power of those people voicing their concerns about the need for justice through the media that spurred the courts into action and the ultimate resolution of this issue.

However, whether the issue is finished is really a moot point considering that the underlying issues remain unresolved. The dedication of the police and the AGO in wanting to see this case go to trial raises myriad of questions, and the fact that there seems to be some intent of seeing the instigator, Anggodo, pursued through the courts, then the simple reality is that Chandra and Bibit, and the mistrust between the various law enforcement agencies of Indonesia seems set to linger for some time yet.

The AGO has decided that it is not going to pursue the charges in the public interest. And, it would seem that the President's office is busy drafting and finalizing an order of reinstatement that will see both Chandra and Bibit returned to their rightful places as KPK Commissioners. However, what has not been addressed is the damage to their reputations as a consequence of this long-running unsavoury incident.

The AGO seems intent on continuing to perpetuate the fallacy that there was enough 'evidence' available to the police and the AGO to continue this case to trial. Marwan Effendy, the Deputy Attorney General for Special Crimes, said as much in his statement indicating the intent of the AGO to drop the case.

According to Effendy, the psychological and moral consequences that would arise as a result of the trial would not have warranted the trial going forward. So, the AGO bowed to public pressure. OK, but this is not where Effendy decided to stop. Instead, Effendy went on to say that the charges were valid, that Chandra and Bibit did not understand the anti-corruption law and that neither of them realized the consequences of their actions in breaching the provisions of the law.

Simply, in other words the Deputy Attorney General for Special Crimes is saying we would have garnered a conviction, but a conviction is not in the public interest. In essence, Chandra and Bibit are guilty as charged, but the AGO in their infinite wisdom and intimate understanding of the public's need to eliminate corruption has decided to not do its job. Alternatively, this could be a simple case of the Deputy Attorney General for Special Crimes continuing the defamation of the good name and character of both Chandra and Bibit.

Perhaps a trial would have been the best option. A trial would have presented an opportunity to Chandra and Bibit to be exonerated of the charges and clear the mud thrown at them. A trial would have also highlighted the lengths that the police and the AGO had gone to fabricate a case.

Admittedly, there are arguments that the trial might have gone the other way and confirmed guilt, but if the police or the AGO really had that evidence then it would be an outrage not to pursue it; corruption within the Corruption Eradication Commission. It could be argued that there would not be a bigger case, or a sweeter one, than busting the corruption busters up to their eyeballs in extortion and bribery while feathering their own nests.

The moral of this story is that corruption is alive and well in Indonesia, that it is facilitated and perpetuated by those in positions of authority or power, but that good is more regularly triumphing over evil. There is a long way to go, but perhaps this is a first step in the next phase of the corruption fight.

A final note. The case might have been dropped, and Chandra and Bibit will return to their respective positions at the KPK. However, much damage has been done to their reputations, and it must be part of the process of healing that the dropping of the case includes rehabilitation of their names and reputations. Anything short of a full apology is a slap in the face. The police allowed the fabrication of a case, the AGO kept the fabrication going, and the president refused to step in and discipline those responsible. Yes, an apology is warranted and justified. It is time that the president was presidential enough to step up to the plate and make it.

Come on Mr. President, what are you waiting for?

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?

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.

Smells Like Bullshit...

Here is a little gem from the Indonesian Attorney General. This was offered to Commission III at the Indonesian House of Representatives (Dewan Perwakilan Rakyat / DPR), as reported by The Jakarta Post:

“There is no evidence of bribery. But there is other proof to lead us to conclude the violation took place, although we have no adequate evidence of the acceptance of bribes.”

This is clearly double-speak nonsense. Two parts of the quote state that there is not only no evidence but what they have is inadequate. This is then moderated by there is proof that the violation, in this case bribery and extortion, took place.

Now, if this is what the Attorney General intends to proceed to trial on, then he really must start packing his bags and cleaning out his office.

The president has no choice but to intervene. The AG must be dismissed and replaced by someone who has a better understanding of what the law requires for an indictment to be made and a trial to be undertaken. Simply, the "proof" that the AG is referring to is clearly the recanted testimony of a number of suspects and witnesses. The fact that the proof has been recanted suggests that the prospects for success at trial would be somewhere between nothing and a snowflake's chance in hell.

It is way past time for the police and the AGO to give this one up.

No apologies for the title of this post or the picture.

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.

Round 2 for the KPK...

If the analogy of the ding dong drawn out battle between the KPK and the vested interests of the police, the AGO, and seemingly, the establishment, was that of a boxing match, then it is pretty clear that the KPK has convincingly won round two. It might not yet be the knockout blow, but the police, the AGO, and some of the other central figures within the buaya (crocodile) camp are teetering on the ropes just waiting for that final blow before crumpling to the knees and taking the mandatory count.

The police and the AGO will recover from this little contest of wills, if for no other reason that every functioning democratic state needs a viable police force and a viable, and accountable, AGO. However, this contest will develop into the perfect opportunity for the president, SBY, to reassume the mandate of anti-corruption reformer, and clean out the dead wood from both the ranks of the police and the AGO.

The first to go must be Susno Duaji, he should then be closely followed by the Chief of Police, Bambang Danuri. After that, there are a few people at the AGO who must be sweating a little more profusely than usual, starting with Abdul Hakim Ritonga. The AG himself is not safe in this purge, particularly if the president is worth his salt and takes the opportunity to clean house. The former prosecutor Wisnu Subroto seems the most likely of the former officials from the AGO to see heat.

The fallout form these shenanigans is likely to spread and pick up plenty of casualties along the way. The Witness and Victim Protection Agency is also likely to come under a fair bit more scrutiny as it now seems that there were several requests for protection made to them, including by one of the key players in this farce, Anggodo, the brother of the on the run corruption suspect Anggoro Widjojo.

However, it would also seem that there is much more at stake here as Susno Duaji also played a key role in suppressing the Bank Century case. In fact, it has often been reported that he played a key role in getting funds of certain depositors released in a manner which could conceivably be construed as being in breach of the prevailing regulations. Time and greater analysis of the "facts" will tell on that one though.

The recordings that were played to the Constitutional Court yesterday, were a bombshell of sorts. Yet, to all intents and purposes most of what was revealed had been suspected and been the substance of blogs, newspapers, magazines, and gossip pages for at least the last couple of days. Most interesting is the mention of the president's name and his alleged involvement in signing off on the targeting of Chandra and Bibit.

This is interesting on a number of fronts. The president must still be smarting from the fact that the Constitutional Court gave him a bit of a slap down on the interim law he issued to appoint three new commissioners to the KPK. However, to be linked into the frame of two KPK commissioners, which allegedly included discussion of an assassination of one of those commissioners, is troubling to say the least.

The president has called for a full investigation. Not surprising. However, in light of the tape and the alleged allegations the appointment of a Fact Finding Team (Tim Pencari Fakta / TPF) by the president may be perceived by many as an opportunity to cover one's tracks. Any fact finding team needs to not only be independent but be seen or perceived to be independent as well. The president seemingly has a conflict of interest in appointing the team.

For the president's sake, particularly his legacy on anti-corruption, this needs to turn out to be nothing more than a desperate Anggodo and others participating in a little bit of name dropping in order to convince others that the president is on board with what was going down. Nevertheless, the mere mentioning of the president's name should see plenty of questions being raised about the president and his role in this affair.

The playing of the tapes has seen a positive development or two already. Chandra and Bibit have been released from detention. And, Anggodo has been detained for questioning in order to determine how much of the tape is verifiable as being true, but probably more so in order to uncover the true extent of the conspiracy to frame Chandra and Bibit.

Perhaps the game is now up for the crocodiles and the cicak can now return to a much more peaceful life.

Death Threats and the Cicak vs. Buaya Shenanigans...

It would seem that the current shenanigans between the Cicak (pro-KPK) and the Buaya (pro-police / ago / establishment) is far more serious than many have been believing. The death threats are something that I have been aware of for a while. They are only now becoming publicly known. It is a scary and sad turn of events that planned assassinations are still the preferred method of silencing dissent.

Indonesia has learned nothing from the ongoing debacle that is the investigation into the assassination of Munir Said Thalib or as he is affectionately known by those who knew him, Munir. Or perhaps, the powers that be have in fact learned a thing or two. Specifically, they have learned that under the false promises and weak leadership of the current president that they can in essence murder with impunity. Some might wonder whether this statement is fair on the president, I would encourage you to think about Munir's widow, Suciwati, and children and then rethink what fair is, rethink what justice is, and then rethink whether the promises made by SBY to not only uncover the culprits, but to punish them to the full extent of the law have been fulfilled?

There has been some open speculation that perhaps Chandra M Hamzah has been targeted for assassination. This open speculation includes several law enforcers suggesting that the man has been targeted. This seems to be somewhat extreme for what the police have decided is nothing more than an abuse of power relating to the imposing and later revoking of a travel ban. The thought that there has even been talk of an assassination should be considered indicative of a much bigger "issue" needing to be covered up and buried.

I cannot imagine what Chandra and his family must be feeling knowing that his desire for public service and the desire to see Indonesia develop into a better country puts him at the forefront for political assassination. What is truly bizarre is that the police and others have gone to such lengths to frame Chandra and Bibit, but have come up empty handed on the evidence front.

Very amateurish to say the least but perhaps highlights why there is now talk of death threats and assassinations; if you cannot silence them through trumped up charges then there is always the belief that dead men tell no tales.

Perhaps what is more frightening about this than the threat itself is that the law enforcers were recorded talking about it in the first place. Assassinations that involve law enforcement agencies do not generally take place without an order coming from much higher up the chain of command. It is rare that the foot soldiers tasked with committing the murder hatch the plot themselves. Simply, the foot soldier have the least to gain and the most to lose.

This is the threat played at the Constitutional Court today:

"Kalau Chandra sampai masuk tahanan, biar kita habisi sekalian." Which loosely translated says: "If Chandra is detained, then let's finish him at the same time." This prompted one of his lawyers, Bambang Widjojanto to request that Chandra be released into protective custody for his own safety. However, the reality is that any request of this kind is in vain. The Constitutional Court's powers do not extend to making an order to force the police to release Chandra into protective custody, at least in the opinion of the Chief Justice of the court, Mahfud MD.

Why post? This is serious! A man's life is at stake, and it is my belief that the more people that know about this development, then the less likely it is to happen. At least this is the hope.

Arrested Development?

All of the strides that Indonesia had made towards preventing and, ultimately, seeking to eliminate corruption are rapidly being undone. The arrest of Chandra Hamzah and Bibit Samad Rianto is proof of the rapid demise of the Corruption Eradication Commission (KPK) and the rise of the police and the Office of the Attorney General as the lead corruption fighters.

This does not bode well for future corruption eradication efforts as both the police and the office of the attorney general are tainted with numerous corruption scandals and abuse of power. The arrest of Chandra and Bibit is just another one in a long line of scandals.

The fact that the president, Susilo Bambang Yudhoyono or SBY, gave a press conference indicating that he would not be interfering in the process. Strange because he has already imposed himself on the process when he issued an interim law to appoint three new, albeit temporary, commissioners to the KPK. So, to say he would not interfere seems a little strange.

Nevertheless, the president is probably still smarting from the slap down that the Constitutional Court handed him when it held that the interim law and that any dismissal of Chandra and Bibit did not fit within the confines of the constitution until such time as a court case had been concluded.

The president is also smarting because a transcript of an alleged wiretap highlighting that the police and the office of the attorney general conspired to frame Chandra and Bibit has surfaced. Why is he smarting? Maybe because his name came up as being aware of the frame.

Although the president has said he will not interfere in the process, he has nevertheless instructed the Chief of Police to take all necessary steps to uncover the wiretapper and bring them to justice. Sounds a little like closing the barn door once the horse has bolted. But, Mr. President, it is time to clean this mess up, isn't it?

What is truly bizarre about this case is that Chandra and Bibit have been officially arrested for abusing their statutory powers to issue and revoke travel bans on suspected corruptors. It is not rocket science to work out that this is an administrative law issue. It is not rocket science to work out that the criminalization of administrative powers and authorities is a slippery slope that the police, of all institutions, do not want to find themselves on.

Once this case unfolds and Chandra and Bibit are found to not have abused their statutory power, perhaps they can then launch criminal actions against the police for their obvious abuse of power, particularly now that the president, the attorney general, and the police have sort to allow the criminalization of administrative power.

Perhaps the people of Sidoarjo need to launch some criminal action against the president for his administrative failures over the mud extrusion, which has seen the victims not receive their due compensation despite the president in effect setting out how that compensation was to be calculated and awarded.

On the funny side, in that perversely funny kind of a way, the police have thrown a huge number of resources at trying to create a case that both Chandra and Bibit took bribes. They have obviously failed to make the grade on this one, as the arrest warrant was for an alleged abuse of power. After all this time if the police cannot make the case that they promised to make, then it is unlikely that they are going to succeed in the future.

It is time that the police ante-up with something that is sufficient to sustain the case they allege that they have against Chandra and Bibit. If they cannot ante-up then someone has to make the call to end this charade. It obviously will not be the Chief of Police, and it will not be the president, perhaps the courts can?

What is truly funny though is that the police have justified the arrest on the grounds that Chandra and Bibit, along with their legal representatives, have been holding press conferences as a means of influencing public opinion against the police and the investigation. It is said that these press conferences are negatively impacting on the investigation.

Ah, probably not. The press conferences might be shedding some light on how poorly the police have performed in this case. It might also be a case of the press conferences are bringing to light that Indonesia is regressing back into the old ways of the New Order of Soeharto.

It is time for the police and the office of the attorney general to call it quits and let this one go. Then the heads must roll. First head off the rank must be Susno Duaji, then followed shortly after by the Chief of Police, Bambang Danuri.

Ultimately, these shenanigans are going to be a "legacy crusher" for SBY. He will be remembered as the president that talked a good game on anti-corruption but could never deliver the goods. In fact, he will be remembered for presiding over the demise of one of the few success stories in the fight against corruption in Indonesia.

Viva Chandra!

Viva Bibit!

Viva KPK!

Viva Indonesia!

The KPK Perpu Has Been Signed...

The President has signed the Peraturan Pemerintah Pengganti Undang-Undang (Interim Law) into effect on Monday (21 September 2009). I have not yet received a copy of the Perpu, but have been in discussion about the content.

The Perpu adds two articles to Law No. 30 of 2002 on the Corruption Eradication Commission (Komisi Pemberantasan Korupsi / KPK), namely: Article 33A and 33B. These additional articles deal with the execution of duties of the commissioners of the KPK and provides the president the authority to nominate additional temporary commissioners to the KPK when there is a vacuum of leadership. Presumably, this provides requisite authority for whatever reason underscores the dismissal or suspension of commissioners from the KPK.

In this case, the Head of the KPK, Antasari Azhar, has been arrested and is to go on trial for his alleged involvement in the assassination of a Director of PT Putra Rajawali Banjaran, Nasrudin Zulkarnaen. Consequently, Antasari has been dismissed from his position. Furthermore, two other commissioners, Chandra M. Hamzah (I used to work for Chandra before he became a commissioner - just in case any disclosure is needed) and Bibit Samad Rianto, have been declared non-active as they have become suspects in an abuse of authority matter involving the issuance of travel bans (cekal) and their subsequent lifting of the bans against two corruption suspects, Anggoro Widjoyo and Djoko Tjandra.

A perpu in this case is not the right way to go. It sends the wrong message. By issuing a perpu the president is in effect stating that he agrees with the manner in which the police are going about this matter. He is also stating that it is legitimate for the police to criminalize actions that are explicitly within the administrative field. Even the Chief Justice of the Constitutional Court, Mahfud M.D., has stated that this is an administrative matter that would require the two individuals who feel that they have been victimized by the administrative actions of the KPK to file suit to seek compensation or damages for any loses sustained.

Issuing perpus in this context is a slippery slope that might come back to haunt the president when he is a former president.