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Nunun can be charged, tried in absentia, says dissenting judge
Businesswoman Nunun Nurbaeti, believed to be one of the central figures in the multimillion dollar Bank Indonesia bribery case, can be charged with being involved in bribing state officials and be tried in absentia, a court heard
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usinesswoman Nunun Nurbaeti, believed to be one of the central figures in the multimillion dollar Bank Indonesia bribery case, can be charged with being involved in bribing state officials and be tried in absentia, a court heard.
A judge at the Corruption Court on Monday gave a dissenting opinion on the verdict of defendant Hamka Yandhu, a former Golkar legislator who was among those implicated in the case.
Nunun, the wife of former National Police deputy chief Comr. Gen. Adang Daradjatun, allegedly was the one who had arranged the delivery of the traveler’s checks worth a total of Rp 24 billion (US$2.64 million) to 39 lawmakers after the election.
Judge Andi Bachtiar differed from his four colleagues in a panel of judges trying Hamka. While the other judges merely reaffirmed witnesses’ testimonies on Nunun’s role, Andi went as far as saying that prosecutors should be able to charge her and Arie under an article in the Criminal Code.
This stipulates criminal penalties for those who commit, or instruct, or take part in a crime.
“In a bribery case, there should be the ones that receive the bribe and the bribers,” he said.
He argued that facts revealed in the trial could bring Nunun to court as the briber.
The office of PT Wahana Esa Sejati in Jalan Riau in Menteng, where the bribery had taken place, is in fact Nunun’s, Andi said. “Hamka also said that he saw Nunun’s picture in the office,” he added.
Arie admitted having given away packages containing the checks to Hamka and another Golkar legislator after Miranda’s election.
“He also testified that Nunun was the one who had instructed him to do so. He even said Nunun told him to give similar packages to legislators from PDI-P [the Indonesian Democratic Party of Struggle], PPP [the United Development Party] and the military and police faction at the House,” Andi said.
“With enough evidence, Nunun can be tried in absentia,” he added.
He also pointed out that Nunun’s secretary, Sumarni, admitted having cashed 20 sheets of traveler’s checks worth Rp 1 billion in 2004. Judges believed Nunun instructed this.
Andi Hamzah, a law expert from Trisakti University, told The Jakarta Post that dissenting opinion was “not common in criminal courts in Indonesia”.“The judge’s dissenting opinion is not legally binding. But I do think he made a good point. There should be bribers in a bribery case,” he added.
Another law expert, Rudy Satrio from the University of Indonesia, said “it should be seen as an effort to push for further investigation to reveal the big players in the case”.
KPK Spokesman Johan Budi said the antigraft body was still studying the verdict and had yet to change Nunun’s status from witness to suspect. “The problem we are facing is the fact that Nunun is still in
Singapore and the KPK has not been able to bring her to Indonesia because of her status as a witness,” he added. Nunun is in Singapore for medical treatment for severe amnesia.
