F

ormer religious affairs minister Suryadharma Ali shares one thing in common with other graft convicts: they are afraid of Artidjo Alkostar, a Supreme Court justice who is known for increasing the prison sentences of corrupt officials.

Suryadharma, who was sentenced to six years by the Jakarta Corruption Court in January for embezzling haj funds, saw his sentence increased by the appellate court to 10 years last week, but he developed cold feet about challenging the court’s ruling at the Supreme Court because it is Artidjo who oversees dossiers related to graft cases.

Suryadharma finally accepted the 10-year sentence and decided not to file an appeal with the Supreme Court reportedly after having been briefed by fellow graft convicts at the Corruption Eradication Commission (KPK) detention center rather than by his legal team.

An appeal to the Supreme Court is the last legal avenue granted by the state to defendants and prosecutors to challenge decisions by lower courts and as Suryadharma has accepted the appellate court’s verdict he will soon start to serve his time at Sukamiskin prison in Bandung, West Java.

“He was told and advised by many fellow inmates at the detention center that it was useless for him to file an appeal. Supreme Court justices including Artidjo do not read dossiers because they only learn about cases from the media and increase sentences to satisfy the public,” Suryadharma’s lawyer Johnson Panjaitan told The Jakarta Post on Monday.

Among the graft convicts who have seen their sentences increased by Artidjo are former Democratic Party politician Angelina Sondakh, from an initial four-and-a-half years in prison to 12 years, and former Democratic Party chairman Anas Urbaningrum from eight years to 14 years behind bars.

Others include former Prosperous Justice Party (PKS) chairman, Luthfi Hasan Ishaaq from 16 to 18 years; former Banten governor Ratu Atut Chosiyah from four years to six years; and former Democratic Party cofounder Sutan Bhatoegana from 10 years to 12 years.

The KPK is likely to accept the appellate court ruling because it matches the 10-year sentence demand at the primary court in January. KPK spokesperson Yuyuk Indriati said KPK prosecutors were still discussing with KPK leaders whether they would challenge the ruling at the Supreme Court.

In addition to the 10-year sentence, Jakarta High Court spokesman Heru Pramono said the court had also decided to revoke the right of Suryadharma, who is a former chairman of the United Development Party (PPP), to run for public office in the future. On Jan. 11, the Jakarta Corruption Court found Suryadharma guilty of embezzling the country’s haj funds between 2010 and 2013, causing state losses of Rp 27 billion (US$2 million) and 17 million Saudi riyals ($14.5 million).

As fear of Artidjo grows, lawyers for graft convicts now have their own way to avoid him by filing a case review instead of appealing a court decision. The new trick has been confirmed by a number of lawyers.

Although it is Supreme Court justices that will issue a final ruling in a case review proposal, they will make their decision based on the dossiers built up by judges at primary courts where convicts register their case review pleas. In order to file a case review, a convict must accept his verdict in the first place without having to challenge it at the high court or Supreme Court.
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