TEMPO.CO, Jakarta - The case of M. Nazaruddin is testing the Corruption Eradication Commissions (KPK) application of the basic principles of justice. It passed its initial test by taking the position of not providing any recommendation on Nazar's request for work release and parole. However, the KPK must now demonstrate it is even more dedicated to justice by fully investigating all the corruption scandals involving the former Democrat Party Treasurer.

KPKs position on this recommendation will be a determining factor in the fate of Naza'rs request, now being processed by the Ministry of Justice and Human Rights. Under the regulations, before the Minister of Justice may grant work release and parole to anyone convicted of corruption, law enforcers must also give their input. On paper, Nazar, convicted of corruption in the Wisma Atlet project and for money laundering, already meets the requirements to be granted both.

Calculations by the Directorate-General of Corrections show that Nazar has already served two-thirds of his sentence. The politician was initially imprisoned in August 2011 for his involvement in bribery in the Wisma Atlet project. At his trial he was sentenced to four years and 10 months in prison, with the Supreme Court later increasing the term to seven years. In addition to that, he was sentenced to serve a further six years in prison for his money laundering conviction. As both sentences are cumulative, he was supposed to serve 13 years in prison.

It now appears that Nazar was on the verge of being released after receiving remissions for his sentence. The former politician, who owned many contracting business entities he used to carry out government projects, has benefited from his role as a justice collaborator. He was willing to help law enforcers unravel the tangled web of a number of corruption cases. For this role, he was given a sentence reduction. His services also allowed Nazar to meet the parole provisions for corrupters, even after these were tightened under Government Regulation No. 99/2012.

KPKs stance in not giving its blessings to Nazar's request is the right one. The Justice Minister then automatically also cannot agree to the parole application. The Law is not simple mathematics. The awarding of any right to someone convicted of corruption must also be in balance with the public's sense of justice. Government Regulations ought to absolutely also touch on this aspect. The public's sense of justice will certainly be shaken if Nazar is suddenly granted his parole.

People do not doubt his significant role in unraveling the Jakabaring and Hambalang Athletes Housing project scandals. He was the one who revealed the roles played by Democrat Party Chair Anas Urbaningrum and the other perpetrators. Sports Minister Andi Mallarangeng eventually went to prison for his role in this case. Later, Nazar also had a role in disclosing the role Setya Novanto held in the mega-scandal surrounding the electronic identity card (e-KTP) project.

However, all these services are now already paid for in full. He was initially given light sentences for his corruption and money laundering crimes. His judges’ verdict was in line with Supreme Court Circular Letter No. 4/2011. In the letter, the Supreme Court Head instructed judges to award lighter sentences to justice collaborators. In addition to a lighter sentence, Nazar also enjoyed further remissions for his collaboration.

He cannot, however, continue to be given special treatment in view of his earlier crimes. Together with colleagues and subordinates, he controlled dozens of government projects with a total value of around Rp5 trillion between 2006 and 2010. Nazar is giving the impression that he feels no remorse for his past behavior. He is believed to still be involved in similar projects by using several companies under new names.

Rather than pandering to Nazar’s request for parole, it would be better for the government to push the police and attorney general’s office (AGO) to get to the bottom of, and resolve, all the cases involving this convicted felon. At least nine of those cases are now in the hands of the AGO. Police are handling another 15. Many of them are currently lying abandoned. If these cases are taken to court, only Nazar’s subordinates are likely to be charged.

The anti-graft commission still has homework to do. KPK investigators ought to charge Nazar in the e-KTP project case, as he is believed to have played a role in divvying up the project’s spoils. Even if he is considered a justice collaborator in the case, he cannot be allowed to be totally let off from criminal charges, but should merely be awarded a sentence ‘discount’. The KPK is also handling his other cases, such as the solar power generation project in Mesuji. He has been left completely untouched over his role in that case.

Using Nazar to expose a number of corruption scandals is a good strategy. But the public’s belief in seeing justice done will be shattered if the KPK merely closes its eyes to his other crimes.

Read the full article in this week's edition of Tempo English Magazine