Syofiardi Bachyul Jb, The Jakarta Post, Padang
Prosecutors have said they are ready to enforce on Monday the jail sentences imposed on 33 out of 43 former West Sumatra councillors convicted in a Rp 5.9 billion (US$590,000) graft case after the Supreme Court upheld their convictions.
The head of the Padang Prosecutor's Office's special crimes unit, Firdaus, disclosed the plan despite the fact that it is unusual for the prosecution service to go public about such issues for fear that it could encourage convicted persons to abscond.
He made the announcement after receiving a letter notifying him of the Supreme Court's rejection of the former councilors' appeals.
""We're in the process of preparing summonses for the 33 convicted persons to come to the Padang Prosecutor's Office on Monday and we will immediately put them in Muaro Padang penitentiary,"" he said.
For those who decided not to show up, he said the prosecution service had set up a special seven-member team to execute the sentences, and had requested the police's assistance to fetch the former councillors from their homes.
""If they try to abscond, we'll find them. They've all been banned from going abroad,"" he said.
The Supreme Court rejected the appeals of the 43 former councillors, who served between 1999 and 2004, and upheld their convictions on charges of diverting budget funds to enrich themselves. The councillors adopted the budget even though it violated central government legislation on local government budgets.
Bettina Yahya, the presiding judge during the trial in the Padang District Court, had ruled that if the councillors had adhered to the legislation, they would have only awarded themselves allowances amounting to Rp 3 million per month for the council speaker, Rp 2.6 million for each deputy speaker and Rp 2 million for each council member.
""But the defendants obtained much more than that through financial manipulation involving the council budget,"" said the judge.
However, the Padang Prosecutor's Office said it had only received a copy of the Supreme Court order to execute the jail sentences of 33 councillors but not for another 10 councillors.
In its decision, the Supreme Court upheld the verdict of the West Sumatra District Court, which sentenced three of the council's leaders to five years in prison and imposed fines of Rp 200 million on each of them. The remaining councillors received jail sentences of four years and were fined Rp 200 million each.
Responding to the Supreme Court decision, lawyer Nudirman Munir, who represents the former councillors, said that he would seek a Supreme Court review and would petition for clemency.
""We'll seek a review as the councillors are not guilty, and we will petition for clemency as they were not following the central government legislation (on budgets) but rather the law,"" he said without explaining further.
Meanwhile, former council speaker Arwan Kasri insisted that he was not guilty.
""I have never violated the law as I worked in accordance with the bylaw, which is still in effect today,"" he said.
