TEMPO.CO, Jakarta - Attorney Fredrich Yunadi and Dr. Bimanesh Sutarjo should not be allowed to hide behind their professional privileges after they have apparently made efforts to cover up a crime to help Setya Novanto, a prime suspect in the electronic ID card (e-KTP) mega corruption scandal.
The Corruption Eradication Commission (KPK) has sufficient evidence of their unethical actions to charge them with obstruction of an ongoing investigation. Fredrich was found to have booked three rooms at the Medika Permata Hijau hospital in Jakarta, prior to the ‘accident' in which Setya's vehicle ‘crashed' into a lamp post last November. The suspect, who was Golkar chief as well as the House of Representatives speaker at the time, was immediately transported to the VIP room without any examination at the emergency unit. Bimanesh then allegedly cooked up the medical record to make Setya look badly injured in the accident, which appeared to have been staged.
In line with article 21 of the corruption law, anyone guilty of preventing or impeding investigation and prosecution of graft cases face three to 12 years in jail.
It appears that there was a motive to obstruct justice. At the time, the KPK was racing against time to pursue a pre-trial process. If Setya could be brought to trial before the pre-trial suit was ruled, the suit would automatically be annulled. The KPK managed to speed up the investigation and foiled the trio's attempt to stall the process. Unexpectedly, the KPK went on to arrest Setya who was still under ‘treatment' and transferred him to the Cipto Mangunkusumo Hospital in Central Jakarta.
As an attorney, Fredrich does have immunity from civil and criminal liabilities, but that immunity is limited only in the context of defending a client in court. Under attorney regulations, even such defense must aim to legally uphold justice, not to protect a suspect by hook or by crook.
Lawyers' associations should investigate Fredrich and hand down heavy sanctions for his actions, which clearly violated the professional code of ethics. Lawyers should not prioritize material rewards over upholding law, justice and the truth. Fredrich's scheming clearly went counter to these principles.
Likewise, doctors have the obligation to protect patients' data. However, Bimanesh shamelessly twisted this privilege and manipulated medical data in order to protect a graft suspect. The Indonesian medical association must impose appropriate sanctions on this physician.
Regulating doctors' behavior is critical given the repeated abuse of these professional privileges. Tempo's previous investigation revealed how graft convicts in the Sukamiskin prison in Bandung went in and out of the prison using doctors' recommendations for alleged medical treatment, whereas in reality they were only out for pleasure.
KPK's arrest of this lawyer and doctor is an important step in setting a precedent for prosecuting anyone, regardless of their profession, involved in shielding a suspect. No profession is immune from criminal prosecution because every citizen is equal before the law.
Read the full article in this week's edition of Tempo English Magazine
