The convict admitted that he had guaranteed the assets.

Normatively, the execution for replacement money from the convict was to the maximum of one month after the verdict with firm legal power. But in practice, to execute the replacement was not as easy as to turn the palm of one’s hand. Theo Toemion case that had been finished by the Supreme Court since February last year until now the payment of the replacement money from the former Head of Capital Investment Coordination Board (BKPM) had not been settled.

Based on the casation verdict, Theo was obliged to pay the replacement money as much as Rp 23,11 billion. Because of that, the Corruption Eradication Commission asked Theo’s promise to fulfill his obligation. ”The case is inkracht (has a firm legal power – ed.),? said Feri Wibisono, Director of Charge of the Commission Eradication Commission. 

The graft commission charged because of there was Theo’s obligation that had to be fulfilled. In the casation verdict, the Supreme Court (MA) still sentenced the former Head of BKPM to six years imprisonment. He was also punished to pay Rp 300 million fine and the replacement of the corruption damaged as much as Rp 23,115 billion.

According to Feri, actually the Commission had seized Theo’s assets, including several pieces of land, and had blocked his account. It seemed that the seized property had been enough to fulfill the convict’s obligation. ”The value of the land had been assesed. The value has met the obligation," said Feri.

Meanwhile, Theo met in the Graft Commission Building last Monday admitted that he intended to pay the replacement money that had not been imposed on him. "From the beginning I came with good intention even before the investigation I had guaranteed my assets. Even though before I joined politic, the government, I already head," he emphasized.
When asked whether or not the handing over was converted with the assets seized, Theo pointed out, until now the process is still on the review in the Supreme Court. ”It is just good intention,” he said.

In that case, Theo had caused a loss in State’s finance as much as Rp 23 billion of the total Rp 50 billion of project fund by using most of the Indonesian Investment Year 2003-2004 project fund originally set for promotion activities, instead he used it to establish TV Trang Channel owned by Trang Indonesia Indah Company which also belonged Theo.
In practice, not all corruption convicts in Corruption Court had enough properties or considered able to pay the replacement money obligation. Hadi A. Wayarabi Alhadar, as an example. Former Indonesian Ambassador for Malaysia was convicted to commit corruption. In the trial, He honestly admitted his inabilities to pay the replacement money as charged by the prosecutor Rp 7.5 billion. “I don’t have the ability to pay the replacement money as much as the charged,” he said in the trial medio of last December.

That condition was among others the one that made the Corruption Commission to execute the replacement money in the time period mandated by the legislation. The data collected by the Commission showed that the number of the State’s fund submitted to the State Finance in form of taken-away money, evidences of auctioned proofs and collected fine until August 2007 “just” reached Rp 15.29 billion. The number was slightly increasing compared to the previous year reaching Rp 12.99 billion. In total, during 2005 – August 2007, the number just reached Rp 35.24 billion. Actually, based on the court ruling, the number to be executed in the same period of time reached Rp 159.03 billion.

The replacement money that had not been submitted reached Rp 103,71 billion. Besides that, there were still seized property that had not been entirely executed. The value reached Rp 8.03 billion. The numbers could have changed now if the convict had completed the payment for the replacement money.

Source: www.hukumonline.com
Photo courtesy of http://www.google.go.id
Translated by Yogi Djatnika (MKRI)