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Viewing cable 09JAKARTA1967, SAGA ENDS FOR ANTI-CORRUPTION COMMISSIONERS

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Reference ID Created Released Classification Origin
09JAKARTA1967 2009-12-01 11:17 2011-08-24 01:00 UNCLASSIFIED Embassy Jakarta
VZCZCXRO3870
OO RUEHDT RUEHPB
DE RUEHJA #1967 3351117
ZNR UUUUU ZZH
O 011117Z DEC 09
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3955
INFO RUCNARF/ASEAN REGIONAL FORUM COLLECTIVE PRIORITY
RUEAIIA/CIA WASHDC
RHEHNSC/NSC WASHDC
RHEFDIA/DIA WASHINGTON DC
UNCLAS JAKARTA 001967 
 
SIPDIS 
 
DEPT FOR EAP, EAP/MTS, EAP/MLS, EAP/RSP 
NSC FOR D. WALTON 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM SNAR ID
SUBJECT: SAGA ENDS FOR ANTI-CORRUPTION COMMISSIONERS 
 
REF: A. JAKARTA 01950 
     B. JAKARTA 1946 AND PREVIOUS 
 
1.    (SBU) This cable is sensitive but unclassified.  Please 
handle accordingly. 
 
2.    (SBU) SUMMARY:  In the face of mounting public outrage, 
Indonesia's Attorney General's Office dropped charges of 
extortion and abuse of power on December 1 against suspended 
Corruption Eradication Commission deputies Bibit Rianto and 
Chandra Hamzah.  President Yudhoyono will also reinstate them 
as commissioners.  The Bibit-Chandra case has dominated 
headlines for months as evidence grew that some police and 
prosecutors may have framed them to deter their graft 
investigations.  The case has shaken public confidence in the 
Yudhoyono administration's ability to tackle corruption by 
revealing severe tensions among the three law agencies and 
highlighting the urgent need for institutional reform.  END 
SUMMARY. 
 
PROSECUTOR'S OFFICE DROPS CHARGES 
 
3.    (SBU) On December 1, the Attorney General's office 
(AGO) announced that it was dropping charges of abuse of 
power and extortion against Bibit Samad Rianto and Chandra M. 
Hamzah, deputies at the Corruption Eradication Commission 
(KPK).  Deputy Attorney General for Special Crimes Marwan 
Effendi stated that they were dropping the case in the 
interest of harmony between the law agencies. 
 
4.    (SBU) Prosecutors had initially charged Bibit and 
Chandra with receiving bribes from businessman Anggoro 
Widjojo to stop investigations of his company for fraud, but 
due to lack of evidence, changed the charge to extortion. 
They also charged them with abusing their powers through 
wiretapping and travel bans.  When the Constitutional Court 
played one of the wiretapped conversations, however, it 
appeared that some police, prosecutors, and Widjojo's younger 
brother Anggodo had fabricated charges against Bibit and 
Chandra.  Civil society and the media demanded that the 
charges be dropped.  In the midst of the public furor, 
President Yudhoyono announced (see reftel) that the law 
agencies could use their discretion to close the cases. 
 
SAGA OVER FOR BIBIT AND CHANDRA BUT TENSIONS CONTINUE 
 
5.      (SBU) Although the saga is over for Bibit and 
Chandra, who will get their jobs as deputies back by 
presidential decree, the case has revealed tensions among the 
three law enforcement agencies over different interpretations 
of their roles and powers.  Referring to the abuse of power 
charges, Deputy Attorney General Effendi insisted that the 
charges of abuse of power "were valid" under the articles of 
the anti-corruption law (i.e. that the KPK could not 
unilaterally wirttap or issue travel bans).  (Note: The AGO 
and pl(ice legally must exercise these powers in conjunciion 
with the courts.) He acknowledged, however, h(at since this 
was considered "a normal procedure" at the KPK, the suspects 
were "unaware of any voolations".  As this "was commonly 
practiced by te ir predecessors", he felt that their case 
couldnnot be effectively prosecuted.  Moreover, he notedt hat 
the public wanted charges to be dropped because it believes 
the deputies should continue thei  fight against corruption. 
 
URGENT NEED FOR REFORM 
 
6.    (SBU) The Bibit-Chandra case has also highlighted the 
urgent need for reform.  Some steps have been taken toward 
this with their reinstatement and the replacement of 
allegedly tainted officials in the police and prosecutor's 
office.  As Bibit and Chandra take up their duties again, the 
KPK is re-opening their investigation into Bank Century which 
will parallel a Parliamentary inquiry into that case (see 
septel).  It remains to be seen, however, how effective 
Indonesia's anti-corruption efforts will be with the 
credibility of the major law institutions hobbled, a weaker 
KPK, and a Yudhoyono administration attempting to weather its 
loss of face. 
HUME