False testimony subject to criminal charges

Scandal after scandal recurs within the administration of President Susilo Bambang Yudhoyono, or SBY as he is popularly known, far from the expectations when he was elected as the fifth President of the Republic of Indonesia in elections which were considered by the western world as democratic, honest and transparent.

Many voters have been disappointed with him and according to the latest survey by CSIS, Megawati Soekarnoputri whom he beat in the 2004 presidential election scores highest among several presidential candidates for the upcoming 2014 election.

This is understandable due to the disappointment of voters who had such high hopes for SBY, which have not been realized in many aspects.

Corruption eradication, which he promised in two election campaigns, is stagnant and most tragic of all is the fact that many members of the ruling Democratic Party have allegedly been involved in the corruption of prestigious projects such as the construction of the athletes’ village for the 2011 SEA Games in Palembang, South Sumatra, and a sports complex in Hambalang, West Java.

Both projects, which could in fact have improved the image of the Indonesian people and the state, were allegedly manipulated and misused by officials and leaders of the Democratic Party, including those serving as ministers and ministry directors.

This fact causes most disappointment to voters who were mesmerized by the image of honesty and modesty of SBY.

But in reality, party members who have been implicated in corruption cases have tarnished the integrity of SBY and the image of the Democratic Party.

One of the corruption cases that is currently being examined, and the most shocking, is the case which has put former treasurer of the Democratic Party Muhammad Nazaruddin at the center of the investigation. Nazaruddin has testified and alleged that the chairman of the Democratic Party, Anas Urbaningrum, used money from the Hambalang and athletes’ village projects to buy votes in the Democratic Party chairmanship race in 2010.

The alleged corruption in the athletes’ village construction has also implicated Angelina Sondakh, a former beauty queen and one of four deputy secretaries of the Democratic Party. Despite testimony by Nazaruddin and his business confidante Mindo Rosalina Manulang of her involvement, Angelina has denied all the allegations against her.

It is Angelina’s denials of all wrongdoing that has drawn controversy. Her positions as a witness in a case against Nazaruddin and as a suspect in a case against herself have been subject to media criticism.

In Indonesia’s criminal justice system, a person who has sworn to tell the truth and nothing but the truth can be subject to criminal charges for false testimony or lying and perjury. The Criminal Code (KUHP) stipulates in article 242 paragraphs (1) and (2), as follows:

“(1) Any person, from whom a statutory provision demands testimony under oath or attaches legal consequences to it, orally or in writing, personally or by special proxy, who with deliberate intent makes a false testimony under oath, shall be punished by a maximum imprisonment of seven years

(2) If the false testimony under oath is made in a criminal case detrimental to the accused or suspect, the offender shall be punished by a maximum imprisonment of nine years”.

In court proceedings, the consistency of answers from a witness can be evaluated to conclude whether there is any lie in answering the questions from the judge, prosecutor or advocate. The witness’ body language can also be observed to determine whether he or she is lying or telling the truth.

We can also observe the witness’ eye contact with the interrogators. If the testimony is categorized as perjury and false testimony that is detrimental to the accused or suspect, the witness will be subject to a maximum imprisonment of nine years. The judges in Nazaruddin’s case must be careful in determining whether the testimony is aggravating or mitigating and whether the testimony is true or not. In this case the experience of the judges is tested and they are expected to be able to decide according to the facts and evidence.

What is interesting to see is whether Angelina Sondakh would become a martyr or take everybody down with her.

No court decision should be influenced by political motives or outside intervention. The independence and impartiality of the judges are at stake in this high-profile corruption case.

Regardless of the court’s decision, justice and fairness must be observed in this mega corruption case, so that a fair trial and due process of law can be achieved.

The writer is chairman of the Association of Indonesian Advocates (Peradin) and member of the governing board of the National Law Commission