Former Police Gen. Djoko Susilo Sentenced to 10 Years

Jakarta Globe, SP/Novianti Setuningsih & Carlos Paath, September 3, 2013

Insp. Gen. Djoko Susilo (L), Indonesia's former traffic police chief is
 escorted by a guard from the Corruption Eradication Commission (KPK)
 after Indonesia's anti-corruption court in Jakarta jailed Susilo for ten years
on September 3, 2013. (AFP Photo)

The Jakarta Anti-Corruption Court sentenced Insp. Gen. Djoko Susilo to 10 years in prison and confiscated most of the two-star police general’s Rp 200 billion ($18 million) in illicit assets in a verdict heralded as a potentially vital step in the nation’s fight against endemic corruption on Tuesday.

Djoko was declared guilty of corruption and money laundering by a panel of five judges after a marathon three-hour reading of the nearly 3,000 page indictment detailing his involvement in a graft-tainted driving simulator procurement project that cost the state some Rp 121 billion in losses. He was ordered to pay Rp 500 million in fines or face an additional six months in prison.

The sentence was less than the 18 years in prison and Rp 1 billion in fines requested by prosecutors. Prosecutors had also demanded that he return Rp 32 billion to the state – the same amount as his alleged bribe.

Prosecutors charged Djoko with money laundering in an effort to confiscate the Rp 200 billion in assets the former National Police Traffic Corps. chief accumulated during his tenure as a police officer. The implementation of the little-used law was championed as a milestone in the increasingly bold Corruption Eradication Commission’s (KPK) uphill fight against graft in a country routinely ranked as one of the most corrupt nations on earth.

Indonesia has historically struggled to stem the flow of illicit money in a nation where corruption has permeated all levels of society, from public school teachers to senior members of President Susilo Bambang Yudhoyono’s ruling party.

Corruption charges brought against prominent officials, especially ranking police officers, rarely result in serious jail time or the confiscation of graft funds. The system, instead, allowed corrupt officials to serve short prison sentences without fear of losing the very funds they were convicted of stealing.

The money laundering charge, which allows the prosecution to seize a graft suspect’s illegal wealth, represents a step forward for the KPK. Most of Djoko’s assets — more than 30 properties and seven cars — will be seized. The deeds to four properties, and two marriage certificates, will be returned, the court ruled.

The remaining properties and seven vehicles will remain the property of the state.

Djoko’s attorney Juniver Girsang said his client planned to file an immediate appeal in a televised press conference from the courthouse. Another lawyer, Teuku Nasrullah, told MetroTV that the defense took exception with several of the facts forming the foundation of the charges.

The KPK leaders also expressed disappointment, telling the media that they would file an appeal after examining the court’s verdict.

“We expected he would get a minimum sentence of two-thirds of the 18 years the prosecutors had demanded. So it should be 12 years at the very minimum. That’s why we will file an appeal,” said Zulkarnaen, a KPK deputy chairman.

Bambang Widjojanto, another KPK deputy chief, said, “The KPK thinks the sentence is debatable but we respect the decision and we are going to use the seven days given by the court to think it over because we think the verdict isn’t momentous enough.

“The legal construction of the prosecutors’ demands was really good, but the result has not managed to accommodate everyone’s wishes,” he said.

“We are grateful for the public’s attention to this case. The public’s attention has helped [us] guide this case to the end.”

Johnson Panjaitan, a senior adviser at Indonesia Police Watch, said the judges had presented sound reasoning for their decision to convict Djoko under the anti-corruption and money laundering laws.

“However, they don’t have the nerve to give him a bigger punishment because of probable pressure and political consideration, despite the fact that the same court had previously sentenced a prosecutor to 20 years in a bribery case,” he said, referring to prosecutor Urip Tri Gunawan, who was caught by the KPK while taking a bribe in 2008, and later was sentenced to 20 years in prison by the anti-corruption court.

Indonesia Corruption Watch campaigner Tama S. Langkun also urged the KPK to file an appeal.

“Djoko was a law enforcer; his punishment should have been harsher than for civilian corruptors,” he said.

“And his political rights must definitely be revoked to prevent people like him running in future legislative elections. I can’t imagine what’s going to happen to this country if a person like him ever became a legislator,” he said.

The case was closely watched by legal observers and anti-corruption activists as a litmus test for future graft cases, including the ongoing investigation into several public officials implicated in a scandal centered on the Energy and Mineral Resources Ministry and state oil and gas regulator SKKMigas.

Investigators are currently comparing the official wealth report and bank accounts of Waryono Karyo, the ministry’s secretary general, with the combined wealth of all assets that can be traced back to him.

Legislator Trimedya Panjaitan said that the verdict would create a strong precedent for the KPK to investigate other police generals accused of having accumulated an abundance of wealth that could not be explained by their official income.