In martial arts stories, there is an expression “above the sky, there is another sky”. There is no most powerful warrior, because there are always other warriors with more knowledge.
By
Hamid Awaludin
·6 minutes read
KOMPAS/DANU KUSWORO
The South Jakarta District Court judges chaired by Soedarto, Monday (28/8/2000), acquit Bali corruption case defendant Djoko Tjandra of all charges. The panel of judges was of the opinion that the case involving Joko Tjandra was a civil case.
In martial arts stories, there is an expression “above the sky, there is another sky”. There is no most powerful warrior, because there are always other warriors with more knowledge. However, in the enforcement of law, the adage does not apply to Joko Tjandra. He considers himself to be higher than the Supreme Court, Attorney General\'s Office and the National Police.
Joko Tjandra in recent days has demonstrated his power before the eyes of the law: he appeared and wandered to government offices and courts, made an electronic identity card (e-ID), took photos in the subdistrict office, to the immigration office to extend his passport, then to the South Jakarta District Court to register a review of his case.
He did all of that with his status that of a fugitive. For 11 years he could not be captured. During this time he went everywhere to evade the two-year punishment given by the Supreme Court at the review (PK) level. The last time he was monitored was in 2009, when he fled to neighboring Papua New Guinea.
The year of his birth also changed, from 1951 to 1963. Amazing, right?
His departure was followed by news that he had changed his citizenship status to that of a Papuan New Guinean citizen, which he obtained on 29 April 2012. Then, he obtained a Papuan New Guinean passport on 4 May 2012 under the name Joe Chan. The year of his birth also changed, from 1951 to 1963. Amazing, right?
At a time when there was no wind, no rain, as our attention was focused one the blows of the endless Covid-19 pandemic, suddenly the public was shocked with information that Joko Tjandra was already in Indonesia. He has been in Indonesia for three months and is free to deal with lawyers, make an e-ID, and register a review to the court.
A copy of an electronic ID card in Joko Soegiarto Tjandra’s name issued on June 8. Joko Tjandra, a fugitive convicted in the Bank Bali corruption case, made the electronic card at the South Grogol subdistrict office on the same day he went to the South Jakarta District Court to file a an appeal with the court.
Attorney General Sanitiar Burhanuddin has taken offense. "What really hurts me is the fact that he was said to have been here for three months. This has only been revealed now," he said in a joint working meeting with Commission III of the House of Representatives (DPR) in Jakarta, Monday, 29 June. Because it has already been widely exposed, Joko Tjandra did not show up at two hearings. The reason was that he was sick. If the Attorney General did not question him, possibly Joko Tjandra would be present and might have been acquitted.
The commotion and strangeness does not stop here. His presence in Indonesia was undetected by our immigration system. How was he able enter Indonesian territory?
The first scenario, Joko Tjandra entered with another passport, not a Papua New Guinean passport because there was no data in our immigration. system It is probable that, aside from being a citizen and holding a Papua New Guinean passport, Joko still has another citizenship and passport. It is understandable because Papua New Guinea allows its citizens to have dual citizenship.
It could also, he crossed from Papua New Guinea to Papua, then to Jakarta. Or, entered Indonesia through small islands in the Riau Islands.
The second scenario, Joko crossed from Malaysia via "rat" (land) roads, entering through Entikong in West Kalimantan, then to Jakarta. Joko controlled the area because he came from there. It could also, he crossed from Papua New Guinea to Papua, then to Jakarta. Or, entered Indonesia through small islands in the Riau Islands.
The next question is, why did Joko get a new passport from Indonesia? I am sure, Joko believed that his review request would be granted. Once granted, he could easily return to Indonesia with an updated Indonesian passport. He has laundered and juggled himself as a native Indonesian citizen because he already has an Indonesian passport. In reality, he is still a foreign citizen.
KOMPAS/WAWAN H PRABOWO
A lawyer for Bank Bali corruption case fugitive Djoko Soegiarto Tjandra, Andri Putra Kusuma, gives information to journalists at the South Jakarta District Court, Monday (6/7/2020). Judges at the South Jakarta District Court again delayed a hearing on the petition for a review submitted by Djoko Tjandra as he claimed to be ill.
The legal show will still be long ahead. The problem is, the Supreme Court circular only requires a review applicant to appear by himself when he declares his intention to file a review in a district court. Joko Tjandra has done it. He was not required to attend the trial. Those who followed the process were his lawyers. So, in his escape and hiding, the review process he proposed can still run. He, with confidence, will get good luck.
If he wins the review process, does the legal problem on him will automatically finish? Wait a minute.
The state can prosecute Joko Tjandra for violating Law No. 6/2011 concerning Immigration. He cunningly obtained a state document (Indonesian passport) by providing invalid data or incorrect information to obtain the state document. He pretended to be an Indonesian citizen. The criminal threat for such an act, five years in prison.
Joko Tjandra can also be convicted by the same law because he went in and out of Indonesian territory without going through immigration officer checks.
Apart from this criminal aspect, Joko Tjandra, if later he is freed because his review application is granted, would still not be an Indonesian citizen because his Indonesian citizenship is void after having became a citizen and obtaining a Papua New Guinean passport. If, after all, he wants to return to being an Indonesian citizen (WNI), he must renounce his other citizenship.
In accordance with Law No. 12 of 2006 concerning Citizenship, Joko Tjandra may request to be an Indonesian citizen again after he resides in Indonesia for five consecutive years or 10 years not in a row.
However, this opportunity is very slim because in the same law it is clearly said that a person can apply to become an Indonesian citizen if he has never been convicted of a criminal offense.
This provision states that someone is sentenced, not undergoing a sentence. Joko Tjandra has been sentenced to two years in prison. So, if, after all, he is later arrested and undergoes criminal punishment, he still could not regain his Indonesian citizenship status.
Kompas
Hamid Awaludin
The only chance that might help him become an Indonesian citizen again is to use the same law (citizenship). In Article 20 of the Citizenship Law, it is possible for a foreigner to become Indonesian citizen without going through the terms of stay in Indonesia (naturalization) if the person is meritorious with the Republic of Indonesia or for reasons of state interest.
The President, after obtaining the consideration of the DPR, may grant citizenship to that person. What are Joko Tjandra\'s services in this country? Isn\'t he the one who deceived the country? And most importantly, what president would dare to offer Indonesian citizenship to Joko Tjandra later?
Hamid Awaludin, Former Indonesian Law and Human Right Minister
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