ATTORNEY GENERAL RAMPS UP ANTI-CORRUPTION EFFORT

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 003320

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E.O. 12958: DECL: 12/03/2017
TAGS: PGOV PREL KCOR EAID ID
SUBJECT: ATTORNEY GENERAL RAMPS UP ANTI-CORRUPTION EFFORT

REF: A. JAKARTA 3173


B. JAKARTA 2662

C. JAKARTA 2229

Classified By: Pol/C Joseph Legend Novak, reasons 1.4 b-d.


1. (C) SUMMARY: In a highly positive development, the
Attorney General has removed dozens of prosecutors from their
positions during his first six months on the job, many for
allegedly accepting bribes. These aggressive moves are part
of a larger program--which Mission has strongly supported--to
improve prosecutorial professionalism. Observers believe the
AG's actions are vital for judicial reform, but low pay is a
long-term obstacle. END SUMMARY.

REMOVING THE BAD APPLES


2. (SBU) A key Indonesian government department is taking
firm steps against corruption and incompetence. Attorney
General Hendarman Supandji announced last week that 59
prosecutors had been removed from their positions during the
past six months. Sources at the AG's office confirmed this
figure and explained that it represented a significant uptick
in removals. The dismissals have targeted prosecutors across
the country, from northern Sumatra to Papua. Other
prosecutors have suffered less-drastic disciplinary measures,
including delayed promotion.


3. (C) Public announcements concerning the firings generally
mention prosecutors' failure to adhere to proper procedures
in handling cases and/or ethical violations. Privately,
however, AG spokesman Thomson Siagian told us that many of
the removed prosecutors are suspected of accepting bribes.
According to Siagian, while bribe-taking is very difficult to
prove at a criminal level, procedural irregularities can flag
a possible bribery case. By failing to follow proper
procedures, a corrupt prosecutor can lay the legal basis for
the dismissal of the case or an acquittal, thereby disguising
the bribe. Sources speculate that this may have been the
case in the recent highly publicized acquittal of Sumatran
illegal logging kingpin Adelin Lis (ref A). The AGO is
actively investigating several prosecutors involved in that
case.

BROAD REFORM AGENDA


4. (SBU) The crackdown is part of a larger set of reform
initiatives announced by the new AG in July and scheduled to
be fully implemented by January 2008. The reforms include a
more transparent recruitment and promotion system, and a
greater role for the AGO training center in providing ongoing
professional development. Another key reform was the
drafting--with assistance from Mission--of a new
Prosecutorial Code of Conduct. Deputy AG Muchtar Arifin
recently led a series of seminars around the country to
explain the new policies. USAID has provided support for
these programs through its Justice Sector Reform Program.


5. (C) The pro-reform initiative addresses critical areas.
AGO Chief of Prosecutions for Special Crimes Salman Maryadi
recently told poloff that a large number of prosecutors were
simply not competent enough to conduct a trial properly in
court. Another prosecutor recently asserted to poloff that
as many as half of all prosecutors had bribed their way past
the entrance exams.

BUT SALARIES STILL LOW


6. (C) Prosecutors to whom we have spoken have been generally
supportive of the removals, although AG spokesman Siagian
acknowledged privately that it was sometimes possible for a
"fired" prosecutor to continue working at the AGO in a
diminished, non-prosecutorial capacity. In the long term,
however, prosecutors continue to cite low pay as a major
obstacle to improving the professionalism of the prosecutors'

JAKARTA 00003320 002 OF 002


service. One prosecutor with over 35 years experience told
poloff his salary was about $500 USD/month, not nearly enough
for a family in expensive Jakarta.


7. (C) Moreover, contacts have told us that, because of the
lack of operational funds available, prosecutors sometimes
had to pay court expenses from their own pockets, including
travel costs for witnesses who were crucial to the
prosecution. This created further incentives for prosecutors
to tap into "off-book" funding sources, including bribes. A
career prosecutor himself, Supandji is keenly aware of this
problem and has stated that he intends to address these
issues after his internal reforms have taken root.

SUSTAIN IT


8. (C) The emphasis on integrity and professionalism within
the AGO burnishes Supandji's image as a genuine
anti-corruption fighter and is a natural complement to his
external focus on corruption cases (refs B-C). Supandji
seems to have the personal drive and the political backing to
follow through on his reforms, but generating more money for
prosecutors--both in funding and in salaries--will be
critical to the long-term success of his campaign. That
said, since Supandji will eventually move on, it is vital
that his agency truly buy into his reforms now so they are
sustained into the future.

HUME