T

he Bandung Corruption Court has acquitted suspended Subang regent Eep Hidayat of all charges related to the misappropriation of land and building taxes worth Rp 14.3 billion (US$1.7 million).

“The defendant is found not guilty of violating the law. He is acquitted of all charges,” presiding judge I Gusti Lanang Dauh said at the Bandung Corruption Court on Monday.

The panel of judges also ordered that a restriction on Eep’s travel outside Bandung be rescinded. “Restore his good name, rights, position and dignity,” Dauh said.

The ruling was the first acquittal in 45 graft cases heard by the court.

Rachman Firdaus, one of the prosecutors in Eep’s case, vowed to appeal the verdict, claiming that the judges failed to consider several facts produced at trial. “We are ready to file an appeal.”

Prosecutors had asked that Eep be sentenced to eight years’ imprisonment, to pay a Rp 500 million fine or be sentenced to an additional six months and to pay Rp 2.83 billion in restitution for land and building taxes Eep was charged with embezzling between 2005 and 2008.

Hundreds of Eep’s supporters in courtroom applauded as the verdict was read, with some attempting to hug the regent.

Dauh said that the 2005 regency decree on the division of land and building tax collection that was signed by Eep was in accordance with existing regulations. “This was also supported by witness testimony,” he said.

Under the regulation, the regency administration was entitled to Rp 14.9 billion in fees levied on about Rp 332 billion in land and building taxes paid by plantation, forestry and mining businesses between 2005 and 2008.

The fees were transferred to an account at Bank Jabar’s Subang branch and later parceled out to several officials, including Rp 2.8 billion for Eep, Rp 1.32 billion for regency revenue office head Agus Muharam (Rp 1.32 billion), Rp 912.8 million for Deputy Regent Maman Yudia and Rp 912.8 million for regency secretary Bambang H.

The remainder of the fees were given to district and sub-district tax officials.

Duah said the panel of judges had determined that the official payments were not illegal. “The division was within the authority of the regent in accordance with the Law on Regional Administration.”

The judges said that prosecutors had not proved that the state lost revenue since they failed to provide the results of the Supreme Audit Agency’s (BPK) audit of the regency budget.

“The audit should have been carried out by an authorized agency, in this case the BPK,” Dauh said.

Eep said he was grateful to be acquitted and that he awaited the final outcome of the case. “I must wait for a decision from the President,” when asked about his suspension from office.

Groups both in favor of and opposing Eep demonstrated at the court on Monday. The Subang Youth Anticorruption Movement urged the court to levy the heaviest sentence possible on Eep.

A group of the regent’s supporters wore black and stood outside the courthouse.