The Case of Joko Tjandra’s Travel Documents Puts Police and Prosecutors to the Test

KEJAKSAAN AGUNG

Graft convict Joko S. Tjandra speaks on Monday (28/9/2020) at the East Jakarta Prosecutor’s Office. The National Police on Monday transferred custody of Joko to the East Jakarta Prosecutor’s Office, which is building its case against Joko. Courtesy of the Attorney General’s Office

JAKARTA, KOMPAS — The East Jakarta Prosecutor\'s Office is still drafting the indictment in the case of Joko S Tjandra\'s fake travel documents. Once the indictment is completed, the case should be handed over to the East Jakarta District Court. The trial is considered to be a test for the resolve of the National Police to investigate the case clearly.

The head of the Intel Section of the East Jakarta Prosecutor\'s Office, Ady Wira Bhakti, when contacted on Wednesday (30/9/2020), said the case had just been transferred from the National Police’s Criminal Investigation Department to the East Jakarta Prosecutor\'s Office on Monday (28/7/2020). In the second phase of the handover, the East Jakarta Prosecutor\'s Office received three suspects and pieces of evidence.

The three suspects, namely Joko Tjandra, Anita Kolopaking and Brig. Gen. (Pol.) Prasetijo Utomo, were not moved from their places of detention. Joko Tjandra and Prasetijo Utomo remain detained at the Cipinang penitentiary of the National Police headquarters. Meanwhile, Anita Kolopaking is detained at the Salemba prison. The public prosecutors have 20 days according to the period of detention to prepare the indictment. The prosecutors can also request an extension of the detention period with permission from the head of the East Jakarta District Court.

We will convey the facts about the documents at the trial. Our client claims to have never used the documents.

"Currently, the public prosecutors are finalizing the indictment. When that is finished, it will be passed on to the district court for trial as soon as possible,” said Ady.

Joko Tjandra\'s lawyer, Krisna Murti, said that, before the start of the trial, his side was intensely communicating with his client and preparing the legal materials for a possible trial. His side was of the opinion that the article in question, namely Article 263 of the Criminal Code regarding the use of forged documents was not applicable, since Joko had refused to use the travel documents.

"We will convey the facts about the documents at the trial. Our client claims to have never used the documents. I have never even seen the letter,” said Krisna.

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KOMPAS/TOTOK WIJAYANTO

National Police chief Gen. Idham Azis attends a meeting with House of Representatives (DPR) Commission III by videoconference on Wednesday (30/9/2020). The working meeting, hosted at the legislature in Senayan, Jakarta, discussed developments in the graft cases of Joko S. Tjandra and prosecutor Pinangki Sirna Malasari.

A test of authority

Society of Criminal Law and Criminology (Mahupiki) chairperson Yenti Garnasih said the public was generally skeptical about the handling of cases involving law enforcement officials. To ward off this doubt, the public actually hoped that the Corruption Eradication Commission (KPK) could take over the case, because handling the case within law enforcement authorities was prone to conflicts of interest.

However, each side has its own reasoning, and as it turns out, the case is now rolling and still being handled by the police. Every law enforcement institution also has its own arguments in accordance with the law. Now, once the case goes to trial, the public is waiting to see whether it will he handled openly or not.

"What is at stake is the authority of law enforcers, especially the police. Is it true that the case will be opened widely, that nothing is covered up?" Yenti said.

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Yenti also said that, from the start, the travel documents were already strange. Legal scholars were confused by the case. According to her, this case should not only be assessed from the article on the use of fake documents. Instead, what should be explored more deeply is the possible element of bribery or gratification. It was impossible for a lawyer to ask for travel documents from the police without offering any compensation.

"We, who are involved in legal studies, are also confused by this case. How come it deals only with the misuse of fake documents? Have the police investigators actually finished studying the case or not?" Yenti said.

Kompas/Wawan H Prabowo

Former prosecutor Pinangki Sirna Malasari (right, foreground) prepares to take the defendant’s seat at a hearing of her graft trial on Wednesday (23/9/2020) at the Jakarta Corruption Court in Central Jakarta. Jakarta Corruption Court chief justice I.G. Eko Purwanto is presiding over the trial, in which Pinangki has been indicted with bribery and money laundering. The former state prosecutor is accused of drafting an action plan to help Bank Bali graft convict Joko S. Tjandra escape justice, and is alleged of accepting US$500,000 (Rp 7 billion) in bribes from Joko.

The question of bribery and gratification also keeps the public suspicious about the settlement of the case. The public finds it hard to believe that a fake letter would be issued without any flow of funds. Moreover, there are questions about treating Joko Tjandra\'s escape as a separate case.

According to Yenti, the cases could actually be resolved together, so as to create a complete picture of the practice of corruption and the role of the “legal mafia” in it. Now that the case is handled by the police and the prosecutor\'s office separately, it has become even more complicated and intricate.

"Hopefully, the facts revealed in the trial will really break public pessimism," said Yenti.

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The documents on the three suspects in the case of using fake travel documents to evade conviction in the high-profile Bank Bali corruption case have been completed and submitted to prosecutors. They were filed by the Directorate of General Crimes at the National Police.

The filing of the case involved two travel documents issued by Brig. Gen. (Pol.) Prasetijo Utomo for fugitive Joko Soegiharto Tjandra. The travel documents were ordered by Prasetijo to be burned, allegedly to make it difficult for the police to unveil the granting of the travel documents for Joko, (Kompas.id, 4 September 2020).

The documents were then submitted in the second phase to the East Jakarta Prosecutor\'s Office because the locus delictie and tempus delictie were under the jurisdiction of the East Jakarta Prosecutor\'s Office. The three suspects were charged under Article 263 Paragraph (1) of the Criminal Code in conjunction with Article 55 Paragraph (1) of the Criminal Code and/or Article 263 Paragraph (2) of the Criminal Code.