The political career of the former House of Representatives (DPR) speaker and Golkar Party general chairman, Setya Novanto, may be over following his sentencing, and his potential abandonment his peers.
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JAKARTA, KOMPAS — The corruption trial over the 2011-2012 e-ID card procurement project has not only imprisoned Setya Novanto, 62. The political career of the former House of Representatives (DPR) speaker and Golkar Party general chairman may be over following his sentencing, and his potential abandonment his peers.
The judicial panel of the Jakarta Corruption Court, led by judge Yanto, on Tuesday (24/4/2018) revoked Novanto of his political rights for five years, essentially banning him from taking public office for the duration.
Novanto was sentenced to 15 years in prison and ordered to pay Rp 500 million (US$35,880) in fines and in restitution of the $7.3 million he gained from the case, less the Rp 5 billion ($358,800) that Novanto had returned to the Corruption Eradication Commission (KPK).
Visitors filled the Oemar Seno Adji courtroom where the verdict and sentence were read, including Novanto\'s wife, Deisti Astriani Tagor, who sat in the front.
From the political circle, only Melky Lanalena, a functionary of the Golkar Party, was visible in the courtroom. The Golkar cadres, such as Aziz Syamsuddin, Agung Laksono, Yahya Zaini and Idrus Marham, who had taken turns in attending Novanto’s trial since the first hearing on Dec. 13, 2017, were not seen in the courtroom.
In response, Novanto, his lawyers and the prosecutors asked for time to think over the terms of his sentence.
The House Ethics Council will immediately dismiss Novanto as a member if he does not appeal the Corruption Court\'s decision. He currently remains a House member because the sentence is not final and binding.
Novanto has become the third state leader to be convicted and sentenced for corruption in the reform era. The two others are former Constitutional Court chief justice Akil Mochtar and former Regional Representatives Council chairman Irman Gusman. As with Novanto, the judicial panels that presided over their trials also revoked the political rights of Irman and Akil.
Appreciation
KPK chairman Agus Rahardjo appreciated the panel’s decision in Novanto’s trial. Even though the sentence was less than the 16-year prison term prosecutors had demanded, the head judge granted their demand for restitution and revocation of political rights. "I hope this will be a warning to all public officials, whether legislative, judicative or executive, to always remember that their duty is a mandate from the people, so do not betray them," said Agus.
Vice President Jusuf Kalla also concurred that Novanto’s case should be a lesson. "That is the judge\'s verdict, we cannot interfere. It is also a warning to all not to commit unlawful acts," said Kalla.
Proven guilt
In its verdict, the judicial panel stated that all elements of Article 3 of Law No. 31/1999 on eradicating corruption had been fulfilled in the Novanto trial.
Article 3 of the Corruption Law reads: "Any person who, in the interest of himself or another person or a corporation, misuses the authority, opportunity available to him through his position or post, or the means available to him through his position or post, in a way that may harm state finances or the state’s economy shall be subject to life imprisonment or minimum imprisonment of 1 (one) year and a maximum imprisonment of 20 (twenty) years, and/or a minimum fine of Rp 50 million and a maximum fine of Rp 1 billion."
The judges stated that Novanto had been proven guilty of colluding with businessman Andi Agustinus in the e-ID card procurement project. A number of meetings with Andi, Johannes Marliem, Home Ministry officials, House members and other private parties, showed the role Novanto played in arranging the formation of a consortium to bid in the e-ID card procurement project, participate in the profiteering scheme and receive his share through covert foreign exchange transactions.
A member of the House’s 2009-2014 session, Mirwan Amir, was also mentioned as having assisted in forming the consortium. Regarding the issue of the House’s cut, Novanto and 2009-2014 House member Chairuman Harahap had actively paid off Andi.
The judicial panel also rejected Novanto’s request for justice collaborator status, which refers to a defendant who cooperates with law enforcement to solve a case. The reason, the prosecutors had adjudged, was that Novanto was not eligible according to Supreme Court Circular (SEMA) No. 4/2011. One of the requirements for being granted justice collaborator status under the SEMA No. 4/2011 was that the defendant could not be the main perpetrator.
The judicial panel also did not grant Novanto\'s request to reopen the bank accounts belonging to him, his wife and his children, which the KPK has frozen.
Meanwhile, the panel also threw out the names of several members of the 2009-2014 House session Novanto had mentioned in his defense statement as also receiving a cut of the e-ID corrution money, including Olly Dondokambey, Agun Gunanjar Sudarsa, Melchias Markus Mekeng, Arif Wibowo, Ganjar Pranowo and Jafar Hafsah.
Golkar Party executive board chairman Ahmad Doli Kurnia said his party respected the court’s verdict for Novanto as the first step to dismantling the e-ID card corruption case. He also expressed the hope that the KPK would also thoroughly uncover the case.
Indonesian Corruption Watch researcher Febri Hendri said he hoped the KPK would apply the article on money laundering offenses to maximize the recovery of state losses and to prosecute those that had received the illicit e-ID funds, including both individuals and corporations.