THE seven leaders of the Corruption Eradication Commission (KPK) arrived at the Wisma Negara (State House) on Jalan Merdeka Utara, Central Jakarta, in a little hurry. In addition to the three acting officials and two KPK leaders on active duty, the two suspended KPK deputy chairmen—Bibit Samad Rianto and Chandra Hamzah—were also asked to come along. On that particular day, Monday afternoon last week, President Susilo Bambang Yudhoyono suddenly asked to meet with the seven of them at the State Palace.
“The President wanted to hear the KPK’s input,” said the Coordinating Minister for Political, Legal & Security Affairs, Djoko Suyanto, last week. In addition to Djoko, Minister/State Secretary Sudi Silalahi and Minister of Justice & Human Rights, Patrialis Akbar, also accompanied Yudhoyono.
Six hours after the meeting at 7:30pm the President was scheduled to deliver a speech about his reaction to the Team of Eight’s recommendations. As widely reported by the media, the team wants the case of alleged extortion and abuse of power with which the police charged Bibit and Chandra to be dropped. They consider that the evidence and witnesses as stated in the case dossier are weak.
The President told the KPK leaders his plan to carry out the Team of Eight’s recommendations. “I don’t want this to continue to drag on,” he affirmed. The President’s statement was received with a big smile. “We’re very supportive,” said acting KPK Chairman Tumpak Hatorangan Panggabean.
Chandra and Bibit were most relieved. Chandra told Yudhoyono he did not hold grudges against anybody over the conspiracy. “I’ve forgiven all of them,” said Chandra as quoted by Patrialis Akbar.
When seeing his visitors to the door after the meeting, Yudhoyono whispered to Chandra, “Be strong.” Pointing at Chandra, the President said to other KPK leaders, “Pak Chandra is very patient.” Patrialis Akbar admitted it was a very amicable meeting. “Yes, [the atmosphere of] the meeting was very good,” confirmed Patrialis.
THE news reached Chandra Hamzah’s cellphone while on his way to Bandung. On Sunday a fortnight ago—a day prior to President Yudhoyono’s speech regarding the Team of Eight’s recommendations. “Get back to Jakarta immediately. Urgent,” said the message from his KPK colleague, as told by a Tempo source. Even though Chandra was already at the end of the Cipularang toll road, he turned his car right away to return to Jakarta.
Upon arrival at the KPK office in Kuningan, South Jakarta, he was received by other KPK leaders. During that weekend, almost every leader of the independent corruption-fighting institution stood by at their office to monitor the situation ahead of President Yudhoyono’s final decision over the Team of Eight’s recommendations.
Chandra immediately met with Tumpak Hatorangan Panggabean—KPK acting head replacing Antasari Azhar. During the previous term, he was also one of the KPK leaders. Chandra’s close friend said that Chandra had thought he would be asked to resign. “He’s got that feeling,” said the source last week.
The Tempo source revealed that on that particular Sunday afternoon, Minister of Justice & Human Rights Patrialis Akbar made a point of coming over to the KPK office to meet its five leaders. In the meeting Patrialis reportedly asked Bibit and Chandra to resign in a bid to improve the KPK-police-Attorney General’s Office (AGO) relations. Patrialis, a National Mandate Party (PAN) politician, wanted his offer to be responded to that very afternoon. For this purpose Chandra was immediately summoned to the KPK office.
Constitutional Court Chief Justice Mohammad Mahfud Md claimed he had also been consulted as to whether or not it was necessary to ask Bibit and Chandra to quit the KPK. “If it is deemed necessary in order to build a harmonious relationship among the law-enforcement agencies, it is of course possible,” said Mahfud about his advice. “However, nobody can force them to step down. It’s got to be voluntary.”
THE situation at the KPK office was tense. Generally the temporary KPK leaders said they would not influence Bibit and Chandra in making decision. “But if your stamina is strong, just go ahead,” said one of them, meaning they could reject the request for resignation.
Bibit did not seem enthusiastic. “Come what may,” he said as quoted by the Tempo source. As for Chandra, he would consult his family.
Before the discussion was over, the KPK receptionist at the lobby announced that Patrialis Akbar had arrived. It was 5pm.
Bibit and Chandra went to the office of M. Jasin, another KPK commissioner, while Tumpak et al met with Patrialis. Bibit, who was unenthusiastic, began to lift his spirits. He declared he was not going to back off. Patrialis was told that Chandra-Bibit asked to be given some time. Patrialis would await the news until Sunday midnight.
When asked for confirmation, Bibit did not categorically deny the report. “I can’t answer,” he said Friday last week. However, he did confirm he was not going to back down. “If I do back off, how do I account for my action to the media and the Facebookers (members of Facebook, a social networking website)who have supported me?”
The KPK leadership meeting was resumed. Sensing the intense pressure from Patrialis, they set a high stake. At around 8pm they reached a conclusion. Bibit-Chandra put forward three points: first, they call on the government to carry out the recommendations of the Team of Eight; second, they refuse to step down because they are not guilty; and third, if later they are reinstated in the KPK, both will use more “discretion.”
What does the third point mean? It is unclear. When asked about it, Chandra was reluctant to speak. “I can’t comment now,” he replied. Some sources within the KPK said the statement was expressed as some sort of “appeasement” to suggest that Bibit-Chandra were not defiant. The three messages were text-messaged to Patrialis Akbar.
Getting this response, Patrialis did not give in. On Monday afternoon, a few hours following the President’s speech on his stance on the Bibit-Chandra case, Patrialis visited the KPK again. This time he was met by the KPK leaders plus the two defendants.
Patrialis reiterated his request that both resign. He conveyed the complaints of several corruption suspects who are under extreme pressure as a result of being targeted by the KPK.
Patrialis’ explanation infuriated Chandra. “What more sacrifice am I supposed to endure?” he said. “I’ve been detained, slandered, and my name has been misused!” The meeting hall suddenly fell silent. The 30-minute meeting ended. Patrialis returned home empty-handed.
When confirmed about this matter, Patrialis denied it. “There’s been no request for resignation. I came over to discuss all options for settlement,” he said.
Djoko Suyanto, the Coordinating Minister in charge of legal matters, affirmed there had been no government policy asking the KPK leaders to resign. “What happens is the Justice Minister’s initiative to mend the relationship among the law-enforcement agencies so that the bond becomes harmonious again,” he said.
The President, said Djoko, had never instructed Patrialis to “barter” the case settlement policy with KPK leaders resignation. “The President can’t possibly interfere with the internal affairs of other institutions,” he said.
A SHIFT in the attitude of the President who accepted the out-of-court settlement over the Bibit-Chandra case was already perceived on Saturday a fortnight ago. At that time he received inputs from a number of legal experts and former judges who made a simulation of the court case at his residence in Cikeas, Bogor, West Java. In short, they were asked what they would do if they handled this case. Justice Minister Patrialis Akbar confirmed there was such a court-hearing simulation. “I did ask them to provide inputs,” he said.
The simulation outcome proves the same as the Team of Eight’s recommendation, that is, the “extortion” cash flow was broken from the giver Anggodo Widojo to Bibit and Chandra. It is this missing link which weakens the police evidence regarding the allegation. “The Team of Eight had also said the investigating prosecutors were hesitant,” said Patrialis.
The President became increasingly determined in his attitude after receiving the outcome of a poll conducted by the Indonesian Survey Institute (LSI) which carried out a survey at Yudhoyono’s request.
The poll surveyed if the public believed that Bibit-Chandra received a bribe and if they abused their authority. As for the first question, the majority of the respondents do not believe so. But regarding the second inquiry, the public was divided in their views. The LSI survey also reports that the respondents were divided over whether or not the case should be brought to court.
It is not known why there is an impression the LSI concealed its role in determining the fate of Chandra-Bibit. Contacted late last week, LSI Research Director Kuskrido Ambardi refused to comment. “I’m sorry I’m in a workshop. Just contact Saiful Mujani about this matter,” he said. LSI Executive Director Saiful Mujani was unavailable for confirmation. An explanation came from a researcher who refused his identity be published. “I simply confirm we did do the survey. But company policy forbids us from announcing it.”
Besides inputs from the LSI, the President also heard the views of the Supreme Court Chief Justice Harifin Tumpa and Chief Justice of the Constitutional Court Mahfud Md. The Constitutional Court Chief Justice advised that should the Bibit-Chandra case be settled out of court, the President cannot encroach upon the technical matters in respect of the cessation of the court case. “It’s sufficient for the President to outline his guidelines, since the procedure falls under the police’s and AGO’s domain,” he said. The Supreme Court Chief Justice agreed. “You yourself [the President] must not drop the case. It’s enough for you to give your guidance,” said Harifin.
After hearing from many parties, the President drafted a speech. Each time a draft was completed, the presidential staff for political communication Daniel Sparringa, and the special staff for legal affairs Denny Indrayana, would be asked to give their comments. “The speech draft was constantly reviewed based on the hour-by-hour dynamism,” disclosed Daniel. In one day, the draft was revised three to four times. Daniel said the President had been meticulously careful when using words and composing sentences.
Maybe because of such over-cautiousness, the President’s speech created an impression of being irresolute and vague, thus stunning Chandra, Bibit, and their team of attorneys. “It is not in keeping with the President’s statement during the Monday afternoon meeting,” said one of them. Metro TV showed a bewildered Chandra and his two lawyers shortly after the presidential speech.
Under the critical circumstances some of Chandra-Bibit’s associates took the initiative: “The President’s statement can be construed as support that the case should not be continued to court,” said a Tempo source in the KPK. There was some fear that the police and the AGO used a different interpretation of the speech so the case could be resumed in court.
A campaign was set in motion, part of which was influencing the public through the media. In some interviews, Bibit-Chandra’s lawyers and former members of the Team of Eight stated that the President in his speech obviously backed the two defendants.
It seems that the police and the AGO did not have much choice. The Deputy Attorney General for Special Crimes Marwan Effendy stated that the AGO would stop the case. According to presidential spokesman Julian Adrian Pasha, as soon as the AGO declared the cessation of the case, the President would issue a decision enabling the reinstatement of Bibit and Chandra.
AsiaViews