Indonesian President’s pardon of 2 convicted politicians targets unity, but may hurt justice system

A move by Indonesian President Prabowo Subianto to issue presidential pardons to two prominent Indonesian politicians who have been convicted of graft has raised concerns over judicial interference and commitment to the fight against corruption in the country.

The surprise decision was announced on Aug 1 for opposition figures Hasto Kristiyanto and Thomas Lembong, just days after they were convicted in separate graft cases.

Other observers see Mr Prabowo’s decision as a way to strengthen his ruling coalition, and a ploy to weaken former president Joko Widodo’s hold on the government. This was the first time that an Indonesian president has pardoned those convicted of corruption.

Mr Hasto and Mr Lembong were among more than 1,000 other convicts – such as the elderly and the frail, and those jailed for using small amounts of drugs – who were given presidential pardons as part of Indonesia’s independence celebrations on Aug 17.

“This decision carries a message that the law is actually being controlled by political dynamics, hence blurring the value of justice and hurting legal certainty,” Mr Fajar Trilaksana, director at Indonesian Legal Aid Foundation.

Mr Hasto and Mr Lembong were senior figures who supported two presidential candidates who stood against Mr Prabowo, in the three-cornered February 2024 election.

Mr Widodo had backed Mr Prabowo and vice-presidential candidate Gibran Rakabuming Raka, who is Mr Widodo’s son. Mr Prabowo won by a landslide, with 59 per cent of the vote.

Mr Hasto, who was sentenced to 3½ years’ prison on July 25 for bribing an election official 400 million rupiah (S$31,500), was given a presidential amnesty. This means that though he committed a breach of the law, he is legally in the clear.

Mr Hasto, who was formerly secretary-general of the opposition Indonesian Democratic Party of Struggle (PDI-P), who played a central role in expelling Mr Widodo from the party.

Mr Thomas, a former trade minister, received a full pardon or an “abolisi”, referring to the formal abolishment of his charges and his sentence. He was sentenced on July 18 to 4½ years in prison for improperly granting sugar import permits that the authorities said caused nearly 600 billion rupiah in state losses. Some experts say his trial was politically motivated in the first place.

While Mr Prabowo and Mr Widodo had worked closely to win the election, the President has been moving to weaken the latter’s hold on his coalition, while at the same time bringing in those opposed to his government into the fold. The 2024 polls results meant that 41 per cent of voters went for the two opposition candidates, Mr Ganjar Pranowo from the PDI-P and independent candidate Anies Baswedan. 

“Granting favour (pardons) to them (Mr Hasto and Mr Lembong) is a smart move by Prabowo. He could now expect political stability, with no disruptions likely to hinder economic development,” Dr Nasir Tamara, a former visiting senior research fellow at Singapore’s ISEAS – Yusof Ishak Institute told The Straits Times.

Mr Agung Baskoro, executive director at Jakarta-based consultancy firm Triaspol, said Mr Prabowo’s main objective is for national reconciliation after the polls, and this could be achieved via the presidential pardons.

The second objective, Mr Agung said, is to dismiss reports that Mr Prabowo continues to be overshadowed by his former boss, Mr Widodo.

Mr Prabowo’s Koalisi Merah-Putih (Red-White Coalition) controls 470 seats in the 580-strong national Parliament, with only the PDI-P – with the remaining 110 seats – being on the opposition bench.

Negotiations have been ongoing since early April to bring the PDI-P, led by former president Sukarno’s daughter Megawati Soekarnoputri, into the governing coalition, a person familiar with the discussions told ST.

Among conditions for the opposition party to come on board are the release of Mr Hasto from being detained, and reshuffles for the Cabinet and top national police posts, according to the person familiar with the discussions, who declined to be named due to the sensitive nature of the talks. These conditions were expressed by Ms Megawati in a July meeting with Mr Prabowo’s inner circle, the source added.

Mr Hasan Nasbi, head of the Presidential Communication Office, did not reply to ST’s request for comments on the matter.

Terbit di The Strait Times