TEMPO.CO, Jakarta - The bad news last week came like a sudden storm to Hamdan Zoelva, as well as to his fellow judges in the Constitutional Court. It was quite serious: their chief justice, Akil Mochtar, had been arrested by the Corruption Eradication Commission (KPK) at his home, for the crime of bribery.
Hamdan, who was recently chosen as deputy chief justice, had to take over some of Akil's role, including giving interviews to the media. To Tempo, the interview last Thursday was to verify charges of bribery against Akil, whose name had come up in several reports on his involvement with bribery and justice 'brokers'. But the KPK arrest preceded the interview.
Hamdan remembered discussing the issue of brokers or mediators with Akil three weeks before that. "Pak Akil said at the time, 'I hold this highest of jobs because of the people. I would be crazy to accept bribes,' he said," Hamdan, a former Crescent Star Party (PBB) politician, told Tempo reporters Rusman Paraqbueq, Tri Artining Putri and Andi Reza last week. Excerpts:
Is it true people are brokering cases on the questionable results of regional elections?
There is enough information to warrant that.
Did someone use Akil's name to communicate with a person involved in a case?
Correct, that's the report we received.
Is it true that person is Muhtar Efendy?
I also received a detailed report on Muhtar Efendy, including his ID. He is linked to the conflict between Banyuasin in Palembang City and Empat Lawang. I had reported this to Pak Akil about two weeks ago. I asked for his permission to look into this case. His response was, "Go ahead. If you can get the data, let's report it and entrap him."
What was the follow-up?
We discussed this at a plenary session and we were to investigate it further. I was given permission by Pak Akil to do it.
How is it possible that Muhtar carried a Constitutional Court letter?
Yes, that's true. Incredible.
Could Muhtar have used it to threaten someone involved in the case?
According to our information, there were three threats. The first said: you will lose. The second said, even if you win, you will not be sworn in. The third said, even if you get sworn in, the event will be delayed. And that's what happened. I find it very difficult how it could have happened.
The Court letter also mentioned another case. What did it mean?
The letter did cite another legal case. Look, the letter was authorized by the panel, led by Pak Akil. He instructed that the letter be sent because until the time evidence was submitted, the person appealing still had some evidence pending, so he asked for a postponement until all the evidence was in. The case file had to be completed first.
Is it true the Banyuasin Regional House of Representatives (DPRD) came to ask for clarification?
Yes. That's why we had the meeting with all of the nine judges who wanted the panel to explain the case. According to the panel, that was indeed the case.
What are the results of your investigation?
Nothing yet. I have spread the word to our associates, asking where Muhtar was.
Are there other intermediaries besides Muhtar Effendy?
We have no names but a lot of information coming in.
Ethically, are judges of the Constitutional Court allowed to meet with someone involved in a court case?
Judges are not allowed to meet with anyone involved in court cases. That would be an ethical violation, except of course if you happen to meet at a social occasion. That would be difficult to avoid. If someone asks to meet me, I refuse. We judges are even forbidden to discuss among ourselves cases we are involved in.
What is the Court's position on the Akil case?
We leave that to the Judges Ethics Council, which we have formed. Today they have started meeting.
Has the Akil case involved other judges?
I don't know. We leave that to the KPK.
Out of curiosity, how big is the salary of a judge of the Constitutional Court?
About Rp50-100 million. That would be enough to live a luxurious life. You can even afford five wives, if that's your lifestyle (laughs).
How much of an incentive do judges make for each case resolved?
I don't know. Please ask the Constitutional Court secretary-general. (Reportedly, judges get an honorarium of Rp4.5 million for each case resolved.)
How many cases involving election conflicts were there between 2010-2013?
During that period, the intensity of conflicts has been quite high. We can be discussing about four cases a day.