0 Editorial: Justice denied

Your mouth can lie but your eyes will always tell the truth,” was obviously the most suitable expression to describe the true feelings of Angelina Sondakh, at the Jakarta Corruption Court on Thursday, upon hearing the sentence imposed by the court for her involvement in a corruption case in 2010. When asked by presiding judge Sudjatmiko for her (or rather, her defense attorneys’) response to the four-and-a-half-year sentence and the order to pay Rp 250 million (US$ 25,336.98) in fines, Angelina responded — after consulting her chief attorney Teuku Nasrullah — that she would ask for more time to decide whether to accept or appeal the verdict. 

However, her eyes showed that she was more than happy with the sentence. The verdict was much lower than the 12-year jail term demanded by Corruption Eradication Commission (KPK) prosecutors, who had built the case against her. The court declared the defendant guilty of violating Article 11 of Law No. 31/1999 on corruption. However, the verdict itself went against the allegations put forward by the KPK prosecutors, which stated that Angelina had violated Articles 12 and 18 of the Corruption Law for accepting kickbacks from the Permai Group in 2010. 

The holding company belongs to former Democratic Party treasurer Muhammad Nazaruddin, who is now a graft convict. Angelina’s corruption case revolved around the construction of the Jakabaring athletes’ village for the 2011 Southeast Asian (SEA) Games in Palembang, South Sumatra, which was overseen by the Youth and Sports Ministry, and the procurement of laboratory equipment for 16 state universities overseen by the Education and Culture Ministry. In essence, the verdict has insulted the general public’s sense of justice for those implicated, and already convicted, in the case. 

Angelina’s sentence is lower than the four-year-and-10-month term handed down to Nazaruddin, the man at the center of the 2010 corruption case. Angelina is a Democratic Party lawmaker at the House of Representatives (DPR). Unlike Nazaruddin, who acted as a “whistle blower” in the case and exposed further corrupt practice, particularly in the athletes’ village construction, the verdict against Angelina is controversial as she never admitted her guilt and showed no remorse during court proceedings. Further controversy tarnishing the verdict was the disregard of evidence presented by the prosecutors during previous hearings that showed Angelina had allegedly received more than Rp 33 billion (US$3.4 million) in bribes. 

Article 18 of the Corruption Law states that the guilty party must be ordered to return the ill-gotten gains to the state. Not, as we see in this case, that the convict was just ordered to pay a fine of Rp 250 million. The verdict is not yet final as either the prosecutors or the convict can file for a review of the verdict with the higher court. The general public should wait for the next legal move — particularly from the prosecutors — whether they will challenge the Jakarta Corruption Court’s controversial verdict. Should we be satisfied with Thursday’s verdict? As members of this nation we should question the country’s commitment to corruption eradication, especially in a country where corruption has been declared an extraordinary crime. A quote by Saint Augustine may perhaps echo the general feelings of the nation. “In the absence of justice, what is sovereignty but organized robbery?”

source : the jakarta post