SUMMARY:

Following yesterday’s South Jakarta District Court decision against KPK and in favor of National Police Chief-nominee Budi Gunawan, the police moved decisively to increase the pressure on KPK. In parallel, legal experts and analysts tried to determine the implications of the court’s decision on the crisis and the criminal justice system in general.

Abraham Samad, KPK Chairman, was declared a suspect by the South and West Sulawesi Police in relation to the passport issuance of a resident who claimed to be a member of his household. This makes Abraham the second KPK Commissioner with the status of suspect, in addition to Bambang Widjojanto. In accordance with the KPK Law (article 32), the President shall decide on the temporary suspension of commissioners that are named suspects. Some voices in Parliament and the Cabinet called for the President to issue a decree to temporarily appoint three Commissioners to fill Abraham and Bambang’s, as well as the fifth, currently vacant, slot. The President has refrained from supporting the KPK following the court’s decision, but has met with Budi Gunawan Monday evening.

In parallel, Busi Waseso, Police Detective Division (BARESKRIM) Chief, stated that 21 current KPK investigators who have resigned from the police would be subject to criminal investigation for allegedly retaining their service weapons after the transition. This move follows last week’s reports on threats against KPK investigators.

KEY DEVELOPMENTS:

Wednesday, Feb. 11 – KPK hosts Anti-Corruption Film Festival (ACFFest)

Wednesday, Feb. 11 – National Police Commission (Kompolnas) submits list of six names to Jokowi for alternative National Police chief-nominee.

Wednesday, Feb. 11 – KPK reveals threats against its staff, witnesses

Thursday, Feb. 12 – Legal team for KPK presents witness, evidence in Budi Gunawan’s pre-trial hearings

Friday, Feb. 13 – Hearings conclude at South Jakarta District Court, ruling scheduled for Monday

Monday, Feb 16 – South Jakarta Court finds against KPK and in favor of Budi Gunawan

Tuesday, Feb 17 – Sulawesi Police declare KPK Chair Abraham Samad suspect in passport issuance case.

IMPLICATIONS:

The court decision has further emboldened the Police in the standoff, which are pressing ahead on several fronts they had previously opened: both in ousting the KPK Commissioners and weakening the agency’s capacity at the investigator level. This pressure is expected to increase if President Jokowi does not stand up for KPK and will become overwhelming if Budi Gunawan or an ally of his is inaugurated as Police Chief.

The President also increasingly faces pressure to suspend the two KPK Commissioners declared suspects and replace them with temporary leaders for the anti-graft agency. This decision of choosing the replacement marks a choice for the President: protect the independence of the agency by nominating untarnished individuals or bow to political pressure and further weaken the agency from within.

Further legal implications related to Mondays South Jakarta court decision emerged and a variety of groups, including civil society organizations, iterated plans to file a requests for review to the Judicial Commission. It appears as though there are a number of legal options for KPK, the Judicial Commission, and the Supreme Court to minimize the systemic damage to the criminal justice system that the decision could have. These include annulling the decision, issuing a decree that would limit future status reviews during pre-trial hearings, and providing additional evidence for a higher-level review.

The Judge argued that that none of the conditions of article 11 of the KPK law which authorize KPK to conduct investigations apply. This has come under increase criticism by the KPK and lawyers, which argue that all three conditions apply. The arguments are summarized in the below chart

COMMISSIONERS’ LEGAL STATUS UPDATE:

Abraham Samad – charged as suspect

Adnan Pandu Praja – complaint filed with police, under investigation

Bambang Widjojanto – charged as a suspect

Zulkarnain – complaint filed with police, under investigation

OTHER LEGAL STATUS UPDATES

KPK Corruption Prevention Director Johan Budi – complaint filed with police

Former KPK Commissioner Chandra Hamzah – complaint filed with police

Former KPK Commissioner Busyro Muqoddas – complaint filed with police

Former Deputy Law and Human Rights Minister Denny Indrayana – complaint filed with police

Information as of 5:30 p.m. WIB, February 17, 2015