Joko Feels Comfortable in Malaysia

Joko Soegiarto Tjandra, the longtime fugitive and graft convict of the Bank Bali cession case, says that he is enjoying a life of comfort in Malaysia, where he has several businesses.

KOMPAS/DANU KUSWORO

The South Jakarta District Court judges chaired by Soedarto, Monday (28/8/2000), acquit Bali corruption case defendant Djoko Tjandra of all charges. The panel of judges was of the opinion that the case involving Joko Tjandra was a civil case.

JAKARTA, KOMPAS – The fugitive of the Bank Bali cession case, Joko Soegiarto Tjandra, says that he was living a life of comfort in Malaysia and has no intentions of returning to Indonesia, regardless of the results of his case review petition. Joko also has several business ventures in Malaysia.

Among Joko’s property developments in that country is The Exchange 106, a skyscraper in the Tun Razak Exchange area, a new financial district currently under development in Kuala Lumpur. Joko’s lawyer Anita Kolopaking said that her client owned the Kuala Lumpur property through his business group.

“Pak Joko is comfortable in Malaysia. He does not wish to live in Indonesia. He merely came to straighten things out,” Anita said in Jakarta on Tuesday (14/7/2020).

Also read : Playing with Law

Anita said that Joko came on his own initiative to Indonesia to restore his reputation and to submit a case review petition at the South Jakarta District Court on 8 June. This was because Joko believed he was innocent.

Joko’s appearance at the South Jakarta District Court attracted attention because of his fugitive status since 2009. On the same day, he also obtained an electronic ID (e-ID) card at the South Grogol subdistrict office in South Jakarta.

However, the judge has adjourned the hearing of Joko’s case review because he did not attend.

Anita said that as far as she knew, Joko was presently in Malaysia. As for how Joko was able to travel between Malaysia and Indonesia without the knowledge of immigration officials, Anita said she had no information on the matter.

Also read : In the Fugitive\'s Footprints: 8 June

KOMPAS/HARRY SUSILO

Joko Tjandra\'s lawyer, Anita Kolopaking

Joko is also alleged to have traveled by plane from Jakarta to Pontianak on 19 June 2020. The National Police issued a travel permit for Joko Tjandra to fly to Pontianak, which was signed by Brig. Gen. Prasetijo Utomo, who heads the civil service investigation, coordination and oversight bureau of the National Police’s Criminal Investigation Department (Bareskrim).

Criminal case

In response to the issuance of the travel permit, National Police chief Gen. Idham Azis dismissed Brig. Gen. Prasetijo from his position on Wednesday (15/7) and opened an investigation into the incident.

National Police chief detective Comr. Gen. Listyo Sigit Prabowo said on Thursday (16/7) that, of the three types of police investigation, namely disciplinary, ethical and criminal, the investigation into Brig. Gen. Prasetijo Utomo’s actions would be classified as a criminal investigation.

Meanwhile, regarding the letter of notice that precipitated the removal of the Interpol red notice for Joko Tjandra, which was signed by National Police international relations head Brig. Gen. Nugroho Wibowo and sent through the immigration directorate general of the Law and Human Rights Ministry on 5 May 2020, Listyo said that the internal affairs division was investigating those involved. Listyo assured that a Bareskrim joint force would investigate the letter, as well as the issuance of a health certificate for Joko Tjandra.

Also read : Chance to Catch Joko Tjandra

“We will investigate this [matter], from the issuance and use of the travel permit to the cancellation of the [Interpol] red notice and the issuance of the health certificate for convict Joko Tjandra, whose occupation was noted as ‘consultant’,” Listyo said.

KOMPAS/HARRY SUSILO

The home of Joko Tjandra, a fugitive convicted in the Bank Bali graft case, stands near Simprug Golf Course in South Jakarta on Friday (3/7/2020). After 11 years on the run, Joko Tjandra appeared in Jakarta to file a petition for review with the South Jakarta District Court on June 8. He then disappeared again. The Attorney General\'s Office is searching for him.

Sarifuddin Sudding of the House of Representatives Commission III, who hails from the National Mandate Party faction, said that he appreciated the National Police chief’s firm stance in dismissing Prasetijo. Such firmness was needed within the National Police to restore public trust in the institution.

“If there are police personnel playing around, trying to undermine the authority and integrity of [the National Police], there must be a firm and nondiscriminatory action [in response]. An investigation is needed to clean up [the institution],” he said.

Considered over

Gadjah Mada University law school dean Sigit Riyanto said that an Interpol red notice was a request issued by the law enforcement authorities of a country to the Interpol National Central Bureau (NCB) to track down and identify the location of a suspect or a convict who was wanted in that country. A red notice allowed Interpol NCBs to temporarily detain the suspect or convict prior to extradition or handing them over to the relevant authorities, or to take any other necessary legal action.

Upon the submission of a red notice request to an Interpol NCB, law enforcement agencies in countries around the world would be alerted and ready to help the police force of the country that submitted the request. The assistance requested in the Interpol red notice must comply with the Interpol Constitution and Rules. A red notice is usually extended after five years, but if it is not extended or renewed, the red notice is automatically closed.

With the level of intelligence [of the officers allegedly involved in helping Joko], it is irrational to even consider that neglect was at fault

The letter Nugroho signed mentions that the red notice issued for Joko Tjandra had been removed from the Interpol database in 2014, or five years since it was first issued, because of the absence of a request for extension from the Indonesian Attorney General’s Office (AGO) as the requesting party.

University of Indonesia law school professor Indriyanto Seno Aji said that anyone who deliberately aided Joko with the knowledge that he was a fugitive should be investigated. Those who aided Joko are alleged to have obstructed justice and violated the principles of a fair legal process and undermined the legitimacy of the criminal justice system.

“With the level of intelligence [of the officers allegedly involved in helping Joko], it is irrational to even consider that neglect was at fault,” said Indriyanto.

Also read : Attorney General Promises to Catch Joko Tjandra

Kompas

Joko Tjandra\'s application for judicial review is shown at the South Jakarta District Court on Thursday (2/7/2020). After 11 years on the run, Joko Tjandra appeared in Jakarta to file a petition for review with the South Jakarta District Court on June 8. He then disappeared again. The Attorney General\'s Office is continuing to search for him.

Meanwhile, AGO spokesperson Hari Setiyono said the office was still hunting down Joko with the intent to detain him. As for the involvement of Brig. Gen. Prasetijo in helping Joko, the AGO said that it would refer to the police in managing the investigation.

Hari said that the Jakarta Prosecutors’ Office was currently investigating the head of the South Jakarta Prosecutors’ Office, Anang Supriatna, in connection with the case into Joko’s movements.

The investigation is also looking into the veracity of a meeting between Anang and Joko’s lawyer Anita Kolopaking, a recording of which has gone viral on social media. “There will be a [follow-up] investigation if we find any indications of improper conduct,” Hari said.

Reopened case

Regarding the case review petition her client had filed, Anita said that the Bank Bali cession case in 2009 that concluded with a two-year jail sentence for Joko, was a violation of Article 263, Point 1 of the Criminal Law Procedures Code (KUHAP).

The article stipulates that, following the issuance of a legally binding court ruling, excepting acquittals, a convict or their next of kin can petition the Supreme Court for a case review.

KOMPAS/HARRY SUSILO

A copy of an electronic ID card in Joko Soegiarto Tjandra’s name issued on June 8. Joko Tjandra, a fugitive convicted in the Bank Bali corruption case, made the electronic card at the South Grogol subdistrict office on the same day he went to the South Jakarta District Court to file a an appeal with the court.

Anita said that the court ruling issued in August 2000 stated that Joko Tjandra’s actions were not a crime and that he should therefore be acquitted. Anita said that the Supreme Court rejected in June 2001 the request for cassation that prosecutors submitted in connection with the Bank Bali cession case, thereby making the court ruling final and legally binding.

Anita continued that, when prosecutors filed a case review petition in 2009, they did not submit any new evidence. “The case should have been finalized in 2001, not in 2009. How can someone not feel violated when his case should have ended in 2001 but was [then] reopened eight years later? How can the law be twisted in such a way?” she said.

The hunt for Joko made national headlines again when he suddenly appeared in person on 8 June at the South Jakarta District Court to submit his petition for case review. Prior to arriving at the court, Joko had visited the South Grogol subdistrict office to apply for an e-ID card.

Anita said that his lawyers had accompanied Joko when he went to apply for his e-ID card and to file his case review petition. Afterwards on 22 June 2020, his lawyers also met with Joko to apply for a passport at the North Jakarta immigration office.

(ILO/NIA/IRE/REK/PDS/NAD/BOW)