The Jakarta Post, Jakarta
Suspended Banten Governor Djoko Munandar was sentenced to two years' jail on Wednesday for misuse of 2003 provincial budget funds while speaker of the legislature there.
Djoko is the second provincial head after former Aceh governor Abdullah Puteh to receive a prison sentence for graft in office. Puteh got 10 years after being found guilty of illegally marking up the price of a Russian helicopter bought by his administration in 2000.
The Serang District Court convicted Djoko of stealing Rp 14 billion (US$1.42 million) from the provincial budget allocated for contingency funds to enrich 75 councilors in the 2001-2004 period, Antara reported.
""The primary charges of committing graft to enrich himself is not proven, but Djoko did issue a decree to disburse the contingency fund for the Banten councillors,"" presiding judge Husni Rizal said in the verdict.
Djoko was also fined Rp 100 million and will have his jail term extended by three months if he fails to pay.
Prosecutors had demanded four years' imprisonment and a Rp 300 million fine for the governor.
The panel of judges found the embezzled money did not go to Djoko. However, they ruled his letter of approval for the contingency fund disbursement for other purposes had violated Government Regulation No. 105/2000 on Regional Finance Management.
The case is centered around the misuse of the provincial budget. As the provincial legislature speaker, Djoko took some Rp 3.5 billion to cover ""expenses"" for the councillors who debated the 2003 draft budget and another Rp 10.5 billion to illegally finance the construction of houses for 75 councillors.
Contingency funds are commonly disbursed in times of natural disaster.
Four former and current deputy legislature speakers are also standing trial in the same case for endorsing Djoko's decision to misappropriate the contingency funds.
President Susilo Bambang Yudhoyono suspended Djoko indefinitely on Oct. 10 to facilitate the prosecution case against the governor, who took office only last year. The President named deputy governor Ratu Atut Chosiyah to take over Djoko's administrative duties.
Since assuming power in October 2004, Susilo has issued permits to enable the prosecution of some 40 regional heads who are implicated in corruption cases. The antigraft drive has also affected the judiciary, with investigations of officials continuing to the Supreme Court level.
Judge Husni said the jail sentence was handed down to Djoko not only because he had caused state losses but also because he tarnished the image of public office.
Djoko looked confused upon hearing the verdict that acquitted him from the primary charge but sent him to jail on the secondary one.
After consulting his lawyer, Henry Yosodiningrat, the defendant said he understood the verdict and planned to contest it at a higher court.
In Indonesia verdicts delivered by lower courts are not legally binding and can be appealed up to the Supreme Court.
