[Kabar-indonesia] 1: Tempo Cover Story: Two Gentlemen and a Lie (6 KPU Graft Case Reports)

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3 Tempo Magazine Cover Story Reports (1 of 2): 

- Two Gentlemen and a Lie 

- Minister in a Jam 

- Threat Assessment 

Tempo Magazine
No. 48/VI
August 01 - 07, 2006 

Cover Story 

Two Gentlemen and a Lie 

Five people have testified that Hamid Awaludin set the price of ballot seals 
for the 2004 presidential election. He strongly denies the charge. 

AS colleagues working at the General Elections Commission (KPU), Hamid 
Awaludin and Daan Dimara used to greet each other like Dutch gentlemen: Meneer Daan 
and Meneer Hamid, and they often joked with one another. Today, however, they 
are as distant as the earth and the sky. Hamid is currently the Justice & 
Human Rights Minister, while Daan Dimara is in a holding cell at the Jakarta 
Metropolitan Police Headquarters. 

In the courtroom of the Central Jakarta Corruption Court, on Tuesday last 
week, they no longer traded jests. Daan sat as the accused, with Hamid in 
attendance as a witness. Together with Untung Sastrawijaya, Daan has been indicted 
for corruption in the procurement of ballot seals for the 2004 presidential 
election. As a result of the excessive high price set, the state lost Rp3.5 
billion. Furthermore, the contract to produce the seals was directly awarded to one 
company, without going through a tender process. Untung is the President 
Director of PT Royal Standard, the company which printed the seals. Meanwhile, Daan 
was the head of the seal procurement committee. 

Daan Dimara has accused Hamid of being the one to set the price on the ballot 
seals. This lecturer at Cenderawasih University in Papua produced a stack of 
evidence, from a number of letters which Untung sent to Hamid Awaludin, to the 
meeting in which the price was determined, which he claims was chaired by 
Hamid. One of the letters presented as evidence, is dated June 10, 2004, 
addressed to Hamid Awaludin, as the head of the presidential election printing 
procurement committee. 

The letter, signed by Untung, was a price offer for ballot seals. The price 
of the 5x6 cm seals was set at Rp131 each, including taxes and regional 
shipping fees. Untung attached the specifications of the security seals to the 
letter. 

Erick S. Paat, Daan Dimara's lawyer, also pointed to a meeting which took 
place on June 14, 2004, as evidence of Hamid's involvement in setting the price. 
This meeting was reportedly attended by Untung Sastrawijaya, Zainal Asikin, 
and Aryoko, as representatives of Royal Standard, and Hamid Awaludin, Bakri 
Asnuri (a staff member of the KPU's legal affairs bureau), and Boradi (an employee 
of the KPU secretary-general). The meeting was chaired by Hamid Awaludin. 

The meeting was confirmed by Untung. "During the June 14 meeting, Pak Hamid 
offered a price of Rp99 per seal and I accepted," he said in his testimony 
during the trial of Daan Dimara, three weeks ago. Two other Royal Standard 
officers also confirmed Hamid's role in setting the price. 

A detailed account of Hamid's involvement was revealed by two witnesses from 
the KPU, namely Bakri Asnuri and Boradi. According to Bakri, around 1pm on 
June 14, Hamid Awaludin summoned him to take part in a meeting to negotiate the 
price of ballot seals with Royal Standard. The meeting took place on the third 
floor of the KPU building. Bakri said Hamid finally set the price of the seals 
at Rp99 each, exclusive of value-added tax and shipping charges to the 
provinces. 

The following is the statement of Boradi, who also attended the meeting. 
"When I got to the third floor, I saw that Hamid Awaludin was already there. The 
price of Rp99 per seal had been set and written on the whiteboard," he said. 

When the meeting was over, Hamid ordered Bakri Asnuri to follow it up with 
Daan Dimara. "Pak Bakri, the next step is to wrap it up with Pak Daan Dimara," 
Bakri quoted Hamid as saying. 

Bakri then drafted an official note and a letter awarding goods and services 
on June 16. The official note, identified by number 641/ND/VI/2004, contained 
recommendations for a certain company to be awarded the job of printing the 
ballot seals for the first phase of the presidential election. Bakri showed the 
official notes and the draft letter to Daan Dimara that very day. Bakri also 
reported the outcome of the negotiations between Hamid and Untung on the price 
of the seals. Without much comment, Daan signed off on the official notes and 
the draft letter of appointment. 

The notes were then shown to KPU Chairman Nazaruddin Syamsuddin. It was 
explained at this point, that the contract to print the seals should have been 
awarded by tender, but that the process would have taken 36 days. Because of the 
pressing need, in line with Presidential Decree No. 80/2003, the direct 
appointment was justified. 

According to Daan Dimara, he signed the note and draft letter because the 
price between Hamid Awaludin and Untung Sastrawijaya had been agreed on June 14. 
Moreover, after the meeting, Nazaruddin Syamsuddin called Daan Dimara to his 
office, where Hamid Awaludin was already waiting. Daan recalled Hamid saying at 
the time, "Meneer Daan, no need to change the price of the seals. They are 
fine. Just carry it out and administer the process." 

Daan, who didn't know anything about it, asked, "For what project, Pak?" Daan 
remembered Hamid replying, "For the presidential election ballot seals 
project." Daan nodded. Based on that explanation in Nazaruddin's office, he signed 
the official note and letter of appointment. 

                                                  * * *
Meanwhile, Hamid Awaludin has strongly denied that he chaired the meeting in 
which the price of ballot seals was set. He explained to Tempo that Daan 
Dimara had followed the process since the beginning. Hamid, a legal expert, pointed 
to similar documents, like the deposition of the June 9 meeting. This meeting 
was attended by Untung Sastrawijaya, Daan Dimara, Bakri Asnuri, Boradi, and 
four KPU staff members. The meeting deliberated the process of procuring the 
ballot seals. 

Held on the first floor, the meeting ended at noon. According to the 
deposition, the meeting was chaired by Daan Dimara, in his capacity as head of the 
committee to procure presidential election ballot seals. Those in attendance 
signed the deposition. 

Hamid also produced the Price Offers Deposition, which was issued on June 10. 
The deposition mentions that on that day a meeting was held to begin hearing 
price offers on ballot seals for the presidential election. In this meeting, 
Untung offered a price of Rp131 per seal. 

The next day on June 11, the procurement committee held negotiations with 
Untung Sastrawijaya on the ballot seal price, based on the offer made on June 10. 
The results of this meeting are spelled out in Deposition No. 
49.1/BA-PH/15/VI/2004. Accordingly, after the negotiations, the price was set at Rp131 per 
seal. This price included taxes and shipping costs. Daan Dimara and a number of 
procurement committee members signed this deposition. So, "This clarifies that 
Daan has been involved in the ballot seals procurement process right from the 
beginning," Hamid explained. 

But Daan Dimara objects. According to him, these three meetings never took 
place. The documents were made later, by Bakri Asnuri, the secretary of the seal 
procurement committee, after the completion of the first phase of the 
presidential election. This was done to complete the administrative records. 

Bakri Asnuri himself admitted that all of these depositions were indeed 
backdated. He even said that the June 9 meeting never took place. The deposition on 
the said meeting was prepared on June 30. This applies to the deposition on 
the alleged meeting where the price of ballot seals was first offered on June 
10. It was made after the fact, but that the meeting never took place. 

Boradi also gave the same answer. "The meetings on June 9 and June 10 never 
took place. I signed the depositions on July 31, 2004," he said. 

So, all of these depositions were made after the first phase of the 
presidential election, which was held on July 5. Both Bakri Asnuri and Boradi admit 
that the only meeting which actually did take place was the one on June 14, which 
was chaired by Hamid Awaludin. 

The trouble is, the prosecutor used these backdated depositions as evidence 
to charge only Daan Dimara. Whereas, according to Daan, those letters were 
prepared at the orders of the KPU leadership. 

Daan Dimara said that, at the time, the Supreme Audit Agency was set to audit 
the procurement process of the KPU. KPU leaders were concerned because many 
of the meetings were not documented. Sussongko Suhardjo, who at that time was 
its secretary-general, sent a letter to every member of the logistics 
procurement committees, instructing them to complete and submit the required 
administrative documents. 

The same sudden order was also issued by KPU Chairman Nazaruddin Syamsuddin. 
As a consequence, "meetings that never took place were recorded, but meetings 
that did take place were forgotten," said Daan. He said that Hamid Awaludin is 
hiding behind this administrative disorder. 

Hamid took advantage of this confusion to justify his case to Tempo. "So, 
with all these backdated letters, why couldn't they have backdated a deposition 
for the June 14 meeting, in which they alleged I chaired?" he asked. 

                                                     * * *
Before they confronted each other in court on Tuesday last week, Daan Dimara 
and Hamid Awaludin actually met and hugged in the court's waiting room. They 
headed into the witness room together, where they appeared to be sharing 
pleasantries. 

Once they exited, however, a potential new blow-up threatened the air. 
According to Daan, Hamid offered money to help his family's finances, but he turned 
him down. "Hamid also urged that Daan Dimara's lawyer stop attacking him with 
pointed questions during the trial, unless he wanted the matter to become a 
personal problem," said Daan, recalling Hamid's threat. 

The shock over this so-called threat led Hamid to straighten things out. "I 
only asked him to stop attacking me in the mass media, otherwise it would look 
like a personal matter," he said. 

It is not clear which of the two gentlemen is telling the truth regarding the 
June 14, 2004 meeting. But one of them may just be committing perjury. 

-- Wenseslaus Manggut, Arif Kuswardono, Wahyu Dhyatmika 

sidebar-1: Troubling Testimony 

THE corruption case over ballot seals for the 2004 presidential election is 
now being heard at the Central Jakarta Corruption Court. A controversy has 
ensued since Daan Dimara became a suspect and cited the involvement of Hamid 
Awaludin, currently the Justice & Human Rights Minister. At that time, Daan was in 
charge of the procurement of ballot seals at the KPU. Hamid was also a member 
of this commission. 

In addition to Daan Dimara, Untung Sastrawijaya, the President Director of PT 
Royal Standard, has also been indicted. They are accused of causing the state 
to lose Rp3.5 billion as a result of markups. Also, the procurement of the 
seals did not go through a tender, but was awarded directly to one particular 
company. 

Daan's testimony regarding Hamid's involvement was confirmed by five other 
witnesses. Three of them have already testified in court. Here is their 
testimony: 

Bakri Asnuri 
(secretary of the seal procurement committee) 

"I never negotiated the price. However, I was once ordered by Hamid Awaludin 
to accompany him to negotiate the price with Untung Sastrawijaya from PT Royal 
Standard on the third floor of the KPU office (June 14, 2004 meeting). At 
that time, the ballot seals procurement committee for the presidential election 
had not yet been formed. A price of Rp99 per seal was agreed upon, excluding 
shipping costs and taxes." 

Boradi 
(member of the ballot seals procurement committee) 

"On the afternoon of June 14, I was called by Bakri Asnuri to attend the 
meeting on the third floor of the KPU. The price of the seals was set at Rp99 per 
seal by Hamid, who at that time wrote it on the whiteboard. The meeting was 
also attended by Bakri Asnuri. Hamid Awaludin chaired the meeting. From the 
contractor's side, was Untung Sastrawijaya, as the President Director of Royal 
Standard, and two of his staff." 

Untung Sastrawijaya 
(President Director, PT Royal Standard) 

"Hamid Awaludin determined the price of the seals, namely Rp99 each. This 
price was set in a meeting at the KPU office on June 14, 2004. I had negotiated 
the price because earlier on, I had proposed a price of Rp131 each. However, 
Hamid declined this bid by saying that at Rp99 each I was already making a 
profit." Hamid denied all of the above testimony. He said that he never attended, 
let alone chaired the meeting on June 14, 2004. 

sidebar-2: Some Peculiar Facts 

THERE have been some abnormalities in the KPU corruption case, involving 
backdated documents and the confusion over Hamid's role. 

Backdated Documents 

A number of case-related documents were made after the end of the 
presidential election. In fact, Boradi said that the deposition on the price offer dated 
June 10, 2004 was actually made on July 31. "Actually, that event never even 
took place," he said. 

The Royal Standard Letter 

Royal Standard had sent Hamid Awaluddin a letter with a price offer on the 
ballot seals. This letter was sent twice, once on June 10 and the second time on 
August 12, 2004. In court, however, Hamid denied having received the letter. 
"I only found out about it after being questioned by the KPK (Corruption 
Eradication Commission)," he said. 

Fictitious Depositions 

One deposition mentions that 19.8 million sheets had been printed June 16, 
2004, whereas the agreement for the procurement of the seals between Royal 
Standard and the KPU had only been done on June 15, 2004. How can 19.8 million 
sheets be ready in a day?  

Unusual Charges 

When the Prosecutor read out the charges against Daan Dimara, Hamid Awaludin 
was mentioned as a "participant" at the June 14 meeting. But in the 
investigation report, Hamid Awaludin is cited as playing a role in determining the 
price. 

SOURCE: INVESTIGATION AND TESTIMONy DOSSIERS 
 
---------------------------------------

Tempo Magazine
No. 48/VI
August 01 - 07, 2006 

Cover Story 

Minister in a Jam 

Minister Hamid Awaludin gave conflicting testimony in court. 
He could be accused of perjury. 

IT was not an easy choice for Hamid Awaludin. This Justice & Human Rights 
Minister had been summoned by the Prosecutor on two previous occasions in order 
to testify in the corruption court. If he had not shown up for the third time, 
he would have been forcibly picked up and made to attend. However, the 
testimony of this former member of the General Elections Commission (KPU) would most 
likely come into conflict with testimonies given by previous witnesses. This 
was a trap waiting to be sprung, as Hamid could be charged with perjury. 

Finally, Hamid chose to avoid a forcible summons. On Tuesday last week, Hamid 
was present at the Central Jakarta Corruption Court. He testified in the case 
of Daan Dimara, the former KPU member charged with corruption in the 
procurement of ballot seals for the 2004 presidential election. 

Hamid's testimony was crucial because the facts of the trial pointed to his 
involvement. Witnesses who were questioned said that Hamid had chaired a 
meeting on June 14 at the KPU office. In this meeting with Untung Sastrawijaya, the 
boss of PT Royal Standard, a price of Rp99 per seal was agreed upon. According 
to the audit of the Supreme Audit Agency, the state lost Rp3.5 billion 
because the price was set too high. 

The three witnesses are: Untung as a KPU contractor and two members of the 
seal procurement committee, namely Bakrie Asnuri and Boradi. In addition to 
them, there are two other witnesses, including Daan himself, who have not yet 
given their testimony in court. However, according to the investigation file, 
their testimonies are the same: they all say that Hamid set the price of the 
seals. In total, there are five witnesses who could possibly testify against Hamid. 

Hamid came under fire as soon as he sat in the witness chair. "Is it true 
that you chaired a meeting to set the price?" asked judge I Made Hendra Kusumah. 
"There were many meetings at the KPU, but I never attended and chaired that 
meeting," said Hamid. Judge Made then reminded him to testify truthfully. "You 
are under oath!" he said. "Yes, that's very true," Hamid shot back. 

He denied Daan Dimara's testimony, in particular regarding Hamid's words in 
the office of KPU Chairman Nazaruddin Syamsuddin, on the afternoon of June 14, 
after the meeting. Daan said that Hamid said, "Meneer Daan, no need to change 
the price of the seals. They are fine. Just carry it out and administer the 
process." 

Hamid explained that this statement was meant as a reminder to speed up the 
procurement process. "Because it affected me in my role as the head of ballot 
seals procurement. It would be useless for the ballots to be finished if the 
seals were not done," he said. 

Not satisfied with this testimony, Erick S. Paat, Daan Dimara's lawyer, 
accused Hamid of lying. "I ask the council [of judges] to confront him with other 
witnesses and to detain the witness (Hamid) for perjury," he said when it was 
his turn to question Hamid. 

Daan was very disappointed. He felt that his colleague had lied and covered 
up the matter. "I'm only a victim. Hamid is the one who determined the matter. 
But he doesn't want to admit it," said Daan. 

Gusrizal, the chief justice seemed to act cautiously regarding the lawyer's 
appeal on behalf of the accused. He even left the matter to the Prosecutor. "If 
there is perjury, the Prosecutor must act," he told Tempo after the hearing, 
which means that the Prosecutor can transform the witness into a suspect in a 
perjury case. 

According to court procedures, the prosecution or the defense can enter a 
charge of perjury, subject to the judge's approval. The penalty for perjury is 
seven or nine years' imprisonment. The main case can be temporarily halted until 
a decision is reached in the perjury case. In this way, valid testimony can 
be obtained in order to make a decision on the case. 

John Anggrek, a well-known businessman from Kupang, East Nusatenggara, went 
through such a perjury case. He was suspected of lying when he testified in a 
trial involving the smuggling of 77 bales of sandalwood in 1988. At that time, 
the accused, A.T. Ibrahim, said that some of the smuggled wood was taken from 
a warehouse belonging to John in the region of Osmok in Kupang. 

In the courtroom, John denied the charges. "I have the key to the warehouse. 
I keep it in my bedroom so that no one else can get it," said John during the 
trial. The judge then named him a perjury suspect. John was later sentenced to 
a year in prison by the court, although he was later released by a court of 
appeals. 

If the council of judges in Daan's case gets tough, Hamid could well be 
charged with committing perjury. This possibility has not been ruled out. Gusrizal 
said that he would look at how the facts in the case developed. "This trial is 
not over yet," he said. 

-- Arif A. Kuswardono 
 
-----------------------------------------
 
Tempo Magazine
No. 48/VI
August 01 - 07, 2006 

Cover Story 

Threat Assessment 

Hamid Awaludin's words to Daan Dimara's lawyer are being 
seen as a threat. The AAI is considering taking action. 

ERICK S. Paat's cellular phone rang again. This was the fourth call since the 
lawyer got to his office at 8am, on Wednesday last week. All of the callers 
spoke about the same issue. They commented on Justice & Human Rights Minister 
Hamid Awaludin's request, made by way of Daan Dimara, Erick's client, for the 
lawyer to stop putting him in a difficult position. 

Erick even debated with one of the callers for about 15 minutes. "I consider 
that statement of Hamid's as a threat as well as an insult to my profession. 
If you were in my position, would you want to hear such a thing?" he 
questioned. 

Erick spent most of that day fielding calls and SMS messages regarding the 
Hamid case. The opinions varied. Some supported his stance and reminded him to 
be cautious in facing the demands of his profession. "However, some also 
offered to mediate between me and Hamid," said Erick. 

The confusion began with a meeting between Hamid Awaludin and Daan Dimara in 
the Corruption Court on Tuesday last week. At that time, Hamid had arrived to 
testify in the corruption case of the ballot seals procurement during the 2004 
presidential election. Daan Dimara, a former member of the General Elections 
Commission (KPU), was the one charged in this case. 

Hamid, who is also a former KPU member, could get dragged into this case on 
account of some implicating testimony. According to Daan, the person who 
actually set the price of the seals was none other than Hamid himself. A number of 
witnesses have also said that Hamid had attended a meeting with PT Royal 
Standard, a KPU contractor, in order to set the price. 

However, before the court hearing began, Hamid nudged Daan's arm. He asked to 
speak privately with him in the witness room. Afterwards, Daan emerged from 
the room with a tense look on his face. Erick saw that something was wrong, and 
asked his client to explain what had happened. Daan said that Hamid had 
offered him financial assistance, and asked that Erick stop attacking him in the 
mass media. "Later it will be a personal problem," said Daan, quoting Hamid. 

Erick was shocked to hear Hamid's message. He felt that Hamid had threatened 
him. He also brought the matter up during the trial. To Tempo, he said that a 
day earlier he had received a threatening SMS from someone. "Don't attack 
Hamid in the trial. Don't apply any pressure," read the SMS from the unidentified 
sender. 

According to this lawyer, Hamid has committed harassment, if the Criminal 
Code is used as reference. Guilty parties could be sentenced to a year in prison. 
"He could also be accused of violating the Attorney Law," said Erick. The 
thing is, it could be considered as applying pressure against the legal 
profession. 

So Erick has asked the Indonesian Lawyers Association (AAI) for legal 
protection. He also intends to take up this matter with the police. This move has the 
support of his colleagues. "Erick is a lawyer. He now feels restricted in 
carrying out the demands of his profession," said Humprey N. Jemaat, Chairman of 
the AAI Board of Administrators in Central Jakarta. 

According to Humprey, the AAI has already formed a legal defense team for 
Erick. However, Hamid's statement can be categorized as a non-physical threat. He 
has even asked Hamid to officially clarify his statement to the AAI. "If he 
does not, we will take the initiative to write a letter to the President, and 
ask him to reprimand his minister," said Humprey. 

However, Hamid has denied the conclusion reached by Erick and the AAI. He 
insisted he did not make a threat. He only asked that Erick stop putting him in a 
corner. "Let's be sensible about this," said Hamid. -- Maria Hasugian, Riky 
Ferdianto 

-End 1 of 2- 

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