15 Years Not Enough? Setya Novanto Finally Sentenced


Partyforumseasia:  The corruption and embezzlement case around former house speaker Setya Novanto has come to a close. 15 years imprisonment, IDR 500 million (US$35,880) in fines and restitution of US$7.3 million, meted out by the Jakarta Corruption Court, is a landmark decision against one of the top politicians considered to be untouchable before. For many Indonesians, especially graft watchdog Indonesia Corruption Watch (ICW), the punishment is disappointingly lenient. They had preferred a life sentence, arguing that the restitution of the $7.3 million he obtained was only 22.69 percent of the total state losses caused by him. The $7.3 million was only his personal share of what the conspiracy deducted from a huge 2009 project of introducing electronic identity cards for the 266 million Indonesians. Novanto hid the money transfers through several corporate accounts at home and overseas. Novanto 1

Is the difference in expectations the normal difference between rule of law and justice, which often results in critical views of court decisions? On one side it certainly is, but the court is also raising the benchmark against the widespread impunity of top politicians who organize the funding of their parties and election campaigns. One of the usual instruments, in Indonesia and neighboring countries alike, is the skimming or scalping of government projects, normally reducing the amount which reaches the target groups or project purpose by about 30% on average. Since the lawmakers have the discretion to decide on project funding, especially in certain financially crucial committees, secret deals with the bureaucracy and affiliated commercial enterprises are more than common. The system in Indonesia is ubiquitous and not really a secret, however, party activities and elections have become excessively expensive, and candidates must invest heavily in their election or re-election campaigns. One recent research paper on vote buying in Indonesia found that poor candidates never win a mandate.

Will the final fall of Setya Novanto, who got away with a couple of other corruption cases before, set a precedent for Indonesia and possibly some of the neighboring countries? Punishing even Politbureau members in China or Vietnam has done rather little against the daily corruption of miserably paid policemen and other civil servants. But the top level convictions in Korea, Taiwan, and now Indonesia, may contribute to the visible nervousness of the Najib– government in Malaysia which is going to the polls on 9 May. Obviously, the 1MDB scandal has not been forgotten by the voters,