SUMMARY:

After appearing at National Police headquarters on Thursday, March 12, former deputy Law and Human Rights minister Denny Indrayana refused to answer detectives’ questions when his lawyers were barred from accompanying him. Denny had previously been willing to cooperate with investigators to clarify allegations that the online payment gateway created as part of the online passport application system during his tenure had caused state losses. Acting National Police Chief Badrodin Haiti said a witness did not have the right to legal representation during questioning, and that although the prevailing law provided it as an option, barring lawyers from accompanying a client did not constitute a violation of the law. Legal counsel for the former deputy minister disagreed, objecting to the police’s interpretation of the law and the fact that the police’s own procedures allowed for the presence of lawyers during questioning. The following day, Friday, March 13, Haiti denied that the police’s investigation into Denny Indrayana constituted “criminalization”. The nation’s top cop said that the police would continue to look into the case, and that allegations against the former minister would have to be proven in court.

In an interview with national daily Kompas on Thursday, March 12, National Police Detectives Unit Director Budi Waseso flatly denied the cases against inactive Corruption Eradication Commission (KPK) commissioners Abraham Samad and Bambang Widjojanto had been influenced by anything other than the evidence. Waseso said he would gladly be fired if it was proven he had fabricated cases against the anti-graft officials, and pointed to his willingness to fulfill the KPK’s request for additional investigators as evidence of his support for the KPK.

On Thursday, March 12, Home Affairs Minister Tjahjo Kumolo returned the Jakarta administration’s proposed budget for 2015, which has become a flash point between Jakarta Governor Basuki “Ahok” Tjahaja Purnama and the city council, with a number of comments and suggested revisions. Tjahjo stated that unless the two sides could reconcile their differences within a week, the Home Affairs Ministry would be forced to use the 2014 budget to keep crucial programs afloat. The written feedback also criticized high levels of spending proposed for meetings and staff travel, and urged further funding for priority issues such as transportation and flood-mitigation efforts.

On Friday, March 13, Law and Human Rights Minister Yasona Laoly stood firm on his position that sentence reductions for corruption suspects should be provided to address a practice put in place by the administration of former president Susilo Bambang Yudhoyono, which made it increasingly difficult for corruption convicts to obtain early release. Yasona said that an official review should be initiated that allows for consideration of legal factors, such as whether a corruption convict had provided information that led to the arrest of additional suspects.

On Thursday, March 12, Jakarta Metro Police announced that it had questioned 21 witnesses in its investigation into suspected corruption in the 2014 procurement of uninterruptable power supply (UPS) units for schools. Jakarta police spokesman Martinus Sitompul said suspects would be named shortly.

On Friday, March 13, the KPK announced significant progress in a number of cases, including the detention of Rizal Abdullah in connection to suspected bid-rigging in the construction of facilities for the Southeast Asian (SEA) Games in South Sumatra in 2010. Rizal is accused of receiving Rp 400 million from PT Duta Graha Indah as a fee to ensure it won lucrative tenders. The KPK also seized high-value property from corruption suspect Fuad Amin Imron, adding to the long list of suspected ill-gotten gains the anti-graft body has been able to reclaim. The anti-graft body also transferred former Constitutional Court chief justice Akil Mochtar to Sukamiskin Penitentiary in Bandung, West Java where he will serve out a life sentence for accepting bribes in exchange for favorable rulings in election disputes.

KEY DEVELOPMENTS:

Monday, March 9 – Home Affairs Minister Tjahjo Kumolo proposes dramatic increase in public spending on political parties

Monday, March 9 – Jakarta Corruption Court finds couple guilty in election bribery scandal involving Akil

Tuesday, March 10 – KPK asks Ahok for supporting information on budget mark-ups

Tuesday, March 10 – Team of Nine meet with Vice President Jusuf Kalla

Tuesday, March 10 – Jimly Asshidiqie of Team of Nine meets with Komnas HAM commissioners

Wednesday, March 11 – Ahok reported to National Police

Wednesday, March 11 – Jakarta City Council official launches inquiry into Ahok’s handling of draft budget

Wednesday, March 11 – National Police announce cases against inactive KPK commissioners will be delayed

Thursday, March 12 – Bambang Widjojanto delivers letter requesting delay of investigation to National Police

Thursday, March 12 – Denny Indrayana refuses to answer police questions without legal counsel

Friday, March 13 – KPK detains Rizal Abdullah in connection to bid-rigging for SEA Games

Friday, March 13 – Akil Mochtar arrives at Sukamiskin Penitentiary to serve out life sentence

IMPLICATIONS:

The attempt by the National Police to question Denny Indrayana in the absence of legal representation violates long-standing legal and procedural norms, and casts further suspicion that the investigation is being conducted in accordance with standard operating procedures and without prejudice. The police, echoed by Vice President Jusuf Kalla, have regularly invited those unhappy with the handling of cases file a pre-trial motion for dismissal. However, the KPK and its supporters have wisely been hesitant to do so for fear of lending legitimacy to what the legal community has largely condemned as a legal loophole that led to the dismissal of charges against police general Budi Gunawan.

The position of Law and Human Rights Minister Yasona Laoly has mixed implications for the detention of corruption convicts. On the one hand, codifying protections for whistle-blowers, who have proven invaluable in uncovering a number of high-profile corruption cases, would be a positive development. However, rolling back the stringent conditions that were imposed on sentence reductions for corruption convicts under president Yudhoyono would reverse what many saw as progress. The timing of the minister’s announcement is also curious, and sends a signal of leniency at a time when President Joko “Jokowi” Widodo has made a point of talking tough on a number of law and order issues.

Once again, the KPK has proved itself capable of making significant progress in challenging and complex cases in the face of significant difficulty. Though he has been unpopular among many circles, interim KPK Chair Taufiqurrahman Ruki seems focused on making as much progress as possible before the end of the current commission’s term in December. Given the unfavorable political climate, the KPK’s announcements today come as welcome successes in the fight against corruption.

Information as of 5:30 p.m. WIB, March 13, 2015