Djoko Tjandra

Djoko Soegiarto Tjandra (Tjan Kok Hui, also spelled Chan Kok Hin; simplified Chinese: 陈国辉; traditional Chinese: 陳國輝; pinyin: Chén guóhuī) alias Joe Chan is an Chinese Indonesian businessman and corruption felon. His family founded the Mulia Group of companies. In 2009, he fled to Papua New Guinea one day before he was sentenced to jail for his role in the embezzlement of banking funds. After 11 years on the run, he was arrested in Malaysia in July 2020 and sent to Indonesia, where he now faces charges of bribing police and a public prosecutor.

Djoko Tjandra
陈国辉
Born
Tjan Kok Hui

(1951-08-27) 27 August 1951
West Kalimantan, Indonesia
Spouse(s)Anna Boentaran
Children2
Parent(s)Tjandra Kusuma
Ho Yauw Hiang
Criminal chargeCorruption
Penalty2 years

Early life and family

Tjandra was born on 27 August 1951 in Sanggau, West Kalimantan, to Tjandra Kusuma (father) and Ho Yauw Hiang (mother). He has seven siblings.

He is married to Anna Boentaran and they have three daughters: Joanne Soegiarto Tjandranegara, Jocelyne Soegiarto Tjandra and Jovita Soegiarto Tjandra.

Business career

When he was 17, Tjandra traveled to Irian Jaya (now Papua province), where in 1968 he opened a grocery store named Toko Sama-Sama in the provincial capital, Jayapura. In 1972, he opened a shop named Papindo in Papua New Guinea. He opened a distribution business in Melbourne in 1974. In 1975, he founded PT Bersama Mulia, a contracting company, in Jakarta. Three years later, as an expert for PT Jaya Supplies Indonesia, he gained projects from state oil company Pertamina, state electricity company PLN and the Industry Ministry. Over 1979–81, he developed Belawan power plant in North Sumatra, expanded an oil refinery in Balikpapan, developed a Hydrocracking Complex in Dumai, an oil refinery in Cilacap, and Kaltim fertilizer in Bontang, East Kalimantan.

In 1983, he entered the property sector, developing office blocks. Among his projects were Lippo Life building, Kuningan Plaza and BCA Plaza. He was also involved in the development of Mal Taman Anggrek, which was once the largest mall in Southeast Asia.[1]

Tjandra was a key figure in the Mulia Group, which started as PT Mulialand, founded in the early 1970s by Tjandra Kusuma (Tjan Boen Hwa) and three of his children: Eka Tjandranegara (Tjan Kok Hui), Gunawan Tjandra (Tjan Kok Kwang) and Djoko Tjandra. Mulialand is involved in construction and property. The luxury properties it developed include Mulia Senayan Hotel, Wisma Mulia, Menara Mulia, Wisma GKBI, Menara Mulia Plaza 89, Plaza Kuningan, and Taman Anggrek apartments. On 5 November 1986, Mulia Industrindo, was founded. It has manufacturing subsidiaries in glass and ceramics.

Bank Bali scandal and corruption conviction

On 11 February 1999, Tjandra attended a meeting at his Hotel Mulia in Jakarta to discuss efforts by Bank Bali to collect Rp904 billion owed by three banks taken over by the Indonesian Bank Restructuring Agency (IBRA). Tjandra was present in his capacity as director of Era Giat Prima, a company which collected a commission of Rp546 billion for IBRA releasing the funds. Some Rp274 billion of the commission money was transferred to Tjandra's account at BNI Kuningan, while part of the money was transferred to Indonesian officials and legislators.[2]

After news of the "Baligate" scandal broke in late July 1999, Tjandra was investigated by the police and the Attorney General's Office. He was detained on 29 September 1999 and later placed under house arrest. He went on trial at South Jakarta District Court on 9 February 2000, charged with corruption for "arranging and engaging in illegal transactions". Prosecutors demanded an 18-month sentence, but he was acquitted on 6 March 2000, with the deputy presiding judge ruling the case should have been heard by a civil court.[3] On 31 March 2000, Jakarta High Court ordered South Jakarta District Court to examine and try Tjandra. He went back on trial in April 2000 and was acquitted on 28 August 2000. Judges said although the prosecutor's indictment of Tjandra's actions was proven legally, the action was not a criminal offense but a civil action. Prosecutors appealed to the Supreme Court, which upheld Tjandra's innocence in a ruling on 26 June 2001.

In October 2008, the Attorney General's Office filed for a Supreme Court judicial review of Tjandra's acquittal. The day before the verdict was handed down, Tjandra on 10 June 2009 flew on a chartered plane from Jakarta's Halim Perdanakusuma Airport to Port Moresby, Papua New Guinea. On 11 June 2009, the Supreme Court gave Tjandra a two-year prison sentence. He was later declared a fugitive.[4]

In March 2016, Tjandra's wife Anna Boentaran visited Indonesia's Constitutional Court and applied for a judicial review of Article 263, Chapter 1, Law No.8 of 1981 on the Criminal Law Procedures Code (KUHAP). On 12 May 2016, the Constitutional Court granted her request, withdrawing the Criminal Code article that had allowed prosecutors to request a review of a court decision with permanent legal force.[5][6]

After that decision, then-Attorney General Muhammad Prasetyo was called to a meeting by chief security minister Wiranto, who wanted him to study a recommendation to clear Tjandra from his legal entanglement. Prasetyo declined to arrange amnesty for Tjandra.[7]

Papua New Guinean citizenship

Djoko Tjandra visited Port Moresby on 27 February 2009 and was granted an APEC Business Travel Permit. On 21 October 2010 he was granted a three-year Working/Employment Resident Permit by the PNG Embassy in Jakarta. On 25 August 2011, he was granted Permanent Resident Permit by then Foreign Affairs Minister Ano Pala. In October 2011, he lodged an application for citizenship by naturalization. On 29 April 2012, he was granted PNG citizenship by Ano Pala, even though he did not meet constitutional requirements and his name was on the Interpol Red Notice Alert as a wanted fugitive.[8]

On 4 May 2012, Tjandra received his first PNG passport. On 7 May 2012, he applied for another passport, which was issued under a new name as Joe Chan. He also changed his date of birth to 27 September 1963. Another PNG passport was issued to "Joe Chan" on 20 January 2014.

According to Interpol, he was in possession of an Azerbaijan passport, which was reported stolen on 24 June 2005.

Return to Indonesia and arrest

On 29 June 2020, Indonesian Attorney General S.T. Burhanuddin said Tjandra had been in Indonesia for the past three months. He said Tjandra had on 8 June filed a case review against his conviction. Justice Minister Yasonna Laoly said immigration data showed no record of Tjandra returning to Indonesia.[9] On 2 July 2020, Coordinating Minister for Political, Legal and Security Affairs Mahfud M.D. said he had ordered the Attorney General's Office to immediately arrest Tjandra.[10] Mahfud later said police informed him that Tjandra's name had been taken off Interpol's list of fugitives in 2014 because the Indonesian Attorney General's Office had never requested an extension.[11]

Tjandra managed to obtain an electronic identity card (e-KTP) issued on 8 June 2020 by South Grogol Village in Kebayoran Lama, South Jakarta. The card was used in the submission of his request for a judicial review of his two-year jail sentence. South Grogol Urban Village head Asep Subhandi said the card was issued within less than one hour, after he was contacted by Tjandra's lawyer on 3 June 2020.[12] Tjandra was also issued with a new Indonesian passport on 23 June 2020.[13]

Tjandra was scheduled to appear at South Jakarta District Court on 7 July 2020 for his case review hearing, but he did not show up. His lawyer, Anita Kolopaking, claimed he was in Kuala Lumpur, Malaysia, being treated for an undisclosed illness.[14] Indonesian Immigration spokesman Arvin Gumilang insisted there was no record of Tjandra having flown to Malaysia.[15] On 29 July 2020, South Jakarta District Court rejected Tjandra's case review request.[16]

On 30 July 2020, Tjandra was arrested in Malaysia and sent back to Indonesia, after 11 years on the run.[17] In August, he was sent to Jakarta's Salemaba jail to begin serving his sentence.[18] Police named him a suspect for allegedly bribing police and document forgery.[19]

Arrests of officials, businessman

In July 2020, two police generals were removed from their posts for allegedly facilitating Tjandra's travel in Indonesia. National Police international relations division head Inspector General Napoleon Bonaparte was found to have violated ethics, while National Central Bureau (NCB)-Interpol Indonesia secretary Brigadier General Nugroho Wibowo had on 5 May 2020 sent a letter to Indonesian Immigration, stating the Interpol red notice against Djoko Tjandra was withdrawn, prompting Immigration to erase Tjandra's name from its watch-list.[20] Separately, Brigadier General Prasetyo Utomo, head of the Civil Servant Investigator Supervisory and Coordination Bureau at the Police Criminal Investigation Department, reportedly issued a travel letter on 18 June that enabled Tjandra to fly from Jakarta to Pontianak in West Kalimantan on 19 June and return on 22 June.[21] On 14 August, Bonaparte and Utomo were declared suspects for allegedly accepting bribes.[22] Bonaparte was also mentioning several high ranking officials also knew the scandal such as General Police Listyo Sigit Prabowo, lawmaker Azis Syamsuddin to People's Consultative Assembly speaker Bambang Soesatyo.[23]

Police did not state the amounts of the bribes but said $20,000 had been confiscated as evidence.[24] Police also named businessman Tommy Sumardi a suspect for allegedly paying the bribes.[25]

On 11 August 2020, the Attorney General’s Office arrested prosecutor Pinangki Sirna Malasari for allegedly accepting bribes of $500,000 in connection with efforts to assist Tjandra. Pinangki had made nine unauthorized trips to Singapore and Malaysia in 2019 allegedly to meet with Tjandra.[26]

The Attorney General's Office on 8 September 2020 said Pinangki had used part of the $500,000 (Rp 7.5 billion) to fund a luxury lifestyle, such as purchasing a BMW X series car, paying for body and facial care, and renting an apartment for Rp75 million a month. Director of Investigations, Febrie Adriansyah, said Pinangki had transferred the money to a bank account of her younger sibling, Pungki Primarini, in an effort to avoid detection. The money from Djoko Tjandra was described as a down-payment for arranging an acquittal from the Supreme Court, with the assistance of NasDem Party politician Andi Irfan Jaya.[27] Andi, who has been named a suspect, allegedly acted as a go-between, "selling" the names of Supreme Court judges to Djoko Tjandra to approach for an acquittal.[28]

Lawsuit by fired lawyer

After his arrest, Djoko Tjandra appointed lawyer Otto Hasibuan to represent him for a fee of $2.5 million; however, Tjandra soon fired Otto on 15 August 2020. Otto on 25 September filed a lawsuit against Tjandra at the Commercial Court of Central Jakarta District Court, demanding full payment. The court on 27 October 2020 ruled the fee agreement was still valid and therefore Tjandra was obliged to pay the full amount.[29]

References

  1. Sam Setyautama (2008). Tokoh-tokoh etnis Tionghoa di Indonesia. Kepustakaan Populer Gramedia. pp. 28–. ISBN 978-979-9101-25-9.
  2. "Djoko Tjandra dan Syahril Sabirin Divonis 2 Tahun Penjara". HukumOnline,com. 12 June 2009. Retrieved 6 July 2020.
  3. "Court rejects suit linked to Bank Bali graft case". Asia Pacific Solidarity Network. Agence France Presse. 7 March 2000. Retrieved 6 July 2020.
  4. "Kronologi Djoko Tjandra, Buron yang Kini Jadi Warga PNG". detikcom. 17 July 2012. Retrieved 6 July 2020.
  5. "Broken System". Tempo. 14 July 2020. Retrieved 13 July 2020.
  6. Movanita, Ambaranie Nadia Kemala (16 May 2016). "Menangkan Permohonan Istri Djoko Tjandra, MK Nyatakan Jaksa Tak Boleh Ajukan PK". Kompas.com. Retrieved 13 July 2020.
  7. Rikang, Raymundus (14 July 2020). "A Message From Malaysia". Tempo. Retrieved 13 July 2020.
  8. "Investigation into improper and unlawful issuance of entry permits, citizenship and passports to Joko Tjandra: Summary Report". PNGi. PNGi. Retrieved 6 July 2020.
  9. Adjie, Moch. Fiqih Prawira (1 July 2020). "Minister Yasonna claims no trace of Djoko Tjandra in immigration system". The Jakarta Post. Retrieved 6 July 2020.
  10. Arbi, Ivany Atina (3 July 2020). "Chief security minister orders immediate arrest of fugitive Djoko Tjandra". The Jakarta Post. Retrieved 6 July 2020.
  11. Trianita, Linda (14 July 2020). "The One Who Got Away". Tempo. Retrieved 13 July 2020.
  12. Arunanta, Luqman Nurhadi (6 July 2020). "Djoko Tjandra Bikin e-KTP Setengah Jam, Ini Penjelasan Lurah Grogol Selatan". detikcom. Retrieved 7 July 2020.
  13. Ghaliya, Ghina (13 July 2020). "House mulls creating special committee to probe failure to detect fugitive Djoko Tjandra's return". The Jakarta Post. Retrieved 13 July 2020.
  14. "Djoko Tjandra Ada di Kuala Lumpur, Malaysia". kumparanNEWS. 13 July 2020. Retrieved 13 July 2020.
  15. Kuswandi (13 July 2020). "Imigrasi Sebut Tak Mengetahui Perjalanan Djoko Tjandra ke Malaysia". JawaPos.com. Retrieved 13 July 2020.
  16. Suparman, Fana (30 July 2020). "Court Rejects Case Review Request by Graft Fugitive Djoko Tjandra". Jakarta Globe. Retrieved 30 July 2020.
  17. Adjie, Moch. Fiqih Prawira (31 July 2020). "Indonesia brings graft fugitive Djoko Tjandra back from Malaysia". The Jakarta Post. Retrieved 31 July 2020.
  18. "Djoko Tjandra under 14-day isolation after entering Salemba facility". Antara. 8 August 2020. Retrieved 8 August 2020.
  19. Arnaz, Farouk (15 August 2020). "Policeman Named Napoleon Bonarpate Becomes Graft Suspect". Jakarta Globe. Retrieved 15 August 2020.
  20. Rahma, Andita (11 August 2020). "Polri: Djoko Tjandra's Red Notice Case Presentation This Weekend". Tempo.co. Retrieved 15 August 2020.
  21. Pangestika, Dyaning (19 July 2020). "National Police remove top brass from posts over alleged involvement in Djoko Tjandra case". The Jakarta Post. Retrieved 19 July 2020.
  22. Aji, Rosseno M. (14 August 2020). "Joko Tjandra Case; 2 Police Generals Named Graft Suspects". Tempo.co. Retrieved 15 August 2020.
  23. "Kabareskrim, Azis, Bamsoet Disebut: Napoleon Ngarang Cerita?".
  24. "Brigjen Presetijo dan Irjen Napoleon Terima 20 Ribu Dolar AS Buat Hapus Red Notice Djoko Tjandra". Kompas.tv. 14 August 2020. Retrieved 15 August 2020.
  25. "Siapa Tommy Sumardi? Pengusaha Tersangka Bareng Joko Tjandra dan 2 Jenderal Polisi, Reaksi Mahfud MD". TRIBUNnews.com. 15 August 2020. Retrieved 15 August 2020.
  26. "AGO arrests prosecutor Pinangki for alleged corruption in connection with Djoko Tjandra". The Jakarta Post. 12 August 2020. Retrieved 12 August 2020.
  27. Rahma, Andita (9 September 2020). "Kejagung: Jaksa Pinangki Gunakan Uang dari Djoko Tjandra untuk Gaya Hidup". Tempo.co. Retrieved 9 September 2020.
  28. Rahma, Andita (8 September 2020). "Kejagung: Andi Irfan Jaya Jual Nama Hakim MA untuk Yakinkan Djoko Tjandra". Tempo.co. Retrieved 9 September 2020.
  29. "Otto Hasibuan Menang Gugatan Lawan Djoko Tjandra soal Utang USD 2,5 Juta". detikcom. 27 October 2020. Retrieved 28 October 2020.
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