TEMPO.CO, Jakarta - Following the graft trial on the acquisition of satellite monitoring equipment was like watching a badly-made soap opera. The star of the Maritime Security Board (Bakamla) has not been caught. The Corruption Eradication Commission (KPK) should be more serious in its endeavor to uncover the facts regarding the possible involvement of even bigger stars: members of the House of Representatives (DPR) and even the Bakamla chief himself.
Four people were tried over the Rp222 billion bribery case at the Jakarta Corruption Court. They were Fahmi Darmawansyah (managing director of Melati Technofo Indonesia), winner of the tender, along with two of his staff, Muhammad Adami Okta and Hardy Stefanus. They were both charged with bribery. The other defendant was Eko Susilo Hadi (Bakamla deputy chief for legal information and cooperation), who was charged with accepting the bribes.
The sentences given to Fahmi's subordinates were disappointing. They were only jailed for 18 months, less than the two years demanded by the prosecution. Fahmi has yet to be sentenced, but prosecutors have only asked for a four-year jail term. However, these three men were clearly found guilty of bribing Bakamla officials to the tune of over Rp2 billion, or two percent of the project value. This was only the beginning. The winner of the tender promised that 7.5 percent of the project value would go to Bakamla.
The KPK investigators have their work cut out because the main stars have so far remained untouched. It emerged in court that bribes were also paid to a number of politicians at Senayan. The DPR share was believed to have been paid to Ali Fahmi, an individual close to the Indonesian Democratic Party of Struggle (PDI-P), then parceled out among PDI-P, Golkar and the National Awakening Party (PKB) legislators. This collusion with DPR members using these types of funds has been seen in many government projects.
The Indonesian Military (TNI) was also shamed because the part played by Bakamla chief Vice-Admiral Arie Soedewo was also stated in court. Former data and information director, Commander Bambang Udoyo testified that Arie gave instructions who the winner of the tender should be. Bambang has been indicted in the case, and will be court-martialed because of his status as a serving TNI officer.
This graft scandal would be much easier to unravel if it was handled by a joint civil-military court. The TNI would not need to organize a court martial: it could just send the military prosecutor to work with the KPK. All the defendants could be tried together by the corruption court. The reasoning is very clear: the most important factor in losses due to corruption is the public interest, not the interests of the military. In line with the law, the KPK has the authority to coordinate investigations of other institutions, including the military.
The TNI seems to be ignoring the provisions related to joint civil-military courts in the Judicial Powers Law by trying Bambang in a court martial despite this case being unrelated to military discipline or war. It is pure and simple a corruption case. The TNI is also ignoring a precedent. Connective courts have frequently been used, including in the case involving the manipulated procurement of Mi-17 helicopters, which cost the state Rp29 billion.
Without this joint civil-military court trial, the involvement of DPR members and the Bakamla chief could still be exposed, but the process will be more difficult and inefficient. The Corruption Court and the Military Court would have the inconvenience of exchanging and sharing evidence and witnesses.
The KPK will have to work harder to produce DPR lawmakers in court. The court martial must not turn into nothing more than a mask to protect senior officers. The main stars of this scandal must not be allowed to go free. (*)
Read the full story in this week’s edition of Tempo English Magazine
