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?

Official Cicak Logos...

I have always fancied myself as a bit of a gecko as opposed to a crocodile.

So, it has been with great interest that I have watched the Cicak vs. Buaya spat as it unfolded in Indonesia. The Cicak (Cinta Indonesia, Cinta KPK / Love Indonesia, Love the KPK) movement has shown in a very short space of time what is possible when like-minded individuals get together and confront head-on the entrenched and special interests of the few, in this case the buaya (crocodiles of the Police and AGO).

This is people power, or perhaps gecko power, in action. And, what action it has been in the sense that the recently re-elected SBY has been presented with the perfect opportunity to cement his mandate, and his legacy, as a reformer by cleaning house and getting rid of all of the dead wood in the Indonesian National Police Force (Polri) and the Office of the Attorney General (AGO).

Long Live the Cicak!

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.

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.

Corruption In The Office of the Attorney General -- Indonesia

The politicians of this vast land have decided to weigh in on the corruption debate that afflicts the Office of the Attorney General. This is not necessarily a bad thing but it does very much seem to be a case of the pot calling the kettle black!

There is no doubt that the Office of the Attorney General has serious corruption problems. The most recent case is testament to that fact. It is also testament to the fallacy of the claims made by the current Attorney General, Hendarman Supandji, that he was going to clean up the image of the Office and make it corruption free. This is a fallacy because some of the Attorney General's own appointments are implicated in serious corruption.

Nevertheless, despite the title of this post and the above paragraph. Perhaps rather than singling out the Attorney General on corruption there is a need for the House of Representatives or the DPR to be a little more introspective and clean up their own backyard first. With a general election coming up in 2009 there are already rumblings of money politics being heard around the traps. It is expected that the "fees" required to get on some tickets is going to increase this cycle. This means that there is still a belief in some circles that a ticket to Senayan is a ticket to the big pay day and a life lived in the lap of luxury.

As I said, the Office of the Attorney General needs to clean house, no doubt about it. But if we are going to talk about cleaning house then it needs to be across the board. The DPR needs to get their collective heads out of the sand and the individual parties must take a "real" stand against corruption rather than just pay continual lip service to an ideal for which they do not really aspire.

If you play with fire for long enough eventually you will get burned!