SUMMARY:

On Wednesday, March 18, two Golkar party members filed a law suit at the South Jakarta District Court against Law and Human Rights Minister Yasonna Laoly for exceeding his authority in issuing a decision regarding the ongoing split and leadership dispute within the party. The claimants, supporters of Aburizal Bakrie, alleged that Yasonna’s decision to recognize Agung Laksono as the Golkar’s legitimate leader was clearly motivated by partisan interests. Yasonna is a long-time member of the President’s political party, PDI-P.

Yasonna has drawn the ire of anti-corruption activists for his proposal to reinstate sentence reductions for corruption convicts. Although the minister argues the measure is necessary to ensure that all convicts are treated equally under the law, the Foundation of the Indonesian Legal Aid Institute (YLBHI) suspected that Yasonna’s proposal is aimed at helping PDI-P party members currently serving time behind bars. The National Human Rights Commission (Komnas HAM) has also slammed the proposal, saying that corruption, like terrorism and drug trafficking, constitutes an extraordinary crime and sentences need to be stiff in order to act as an effective deterrent.

As the Judicial Commission continues to consider whether South Jakarta District Court judge Sarpin Rizaldi committed ethical violations in his handling of police general Budi Gunawan’s pre-trial motion, competing defamation complaints have been filed with the police. On Wednesday, March 18, lawyers for Sarpin reported Judicial Commission head Suparman Marzuki and the commission’s head of recruitment, Taufiqurrahman Syahuri, to the police for defamation after their professional analysis of his ruling on Budi Gunawan’s status found serious problems. On Thursday, March 19, Taufiqurrahman Syahuri announced an intention to file a counterclaim against Sarpin.

On Wednesday, March 18, the Judicial Commission indicated it would seek the Corruption Eradication Commission’s (KPK) help in the conduct of its inquiry into Supreme Court judge Timur Manurung, who is alleged to have had dinner with a defendant in on-going corruption trial on several occasions. The KPK said it would consider the request, the first ever of its kind, only after it received a written request.

At an open discussion with KPK staff on the evening of Wednesday, March 18, the KPK Commissioners leadership presented a united front and a renewed drive to finish the cases on its docket before the end of the year. KPK Commissioner Adnan Pandu Praja said that before the arrival of the three interim commissioners, at the peak of the criminalization campaign, the anti-graft body was akin to a sinking ship. Interim KPK Commissioner Indriyanto Seno Adji said the ship was back on course, and he guaranteed the KPK would not falter.

On Thursday, March 19, National Police Detectives Unit Director Budi Waseso confirmed that the investigations into inactive KPK Chair Abraham Samad and ­­­inactive KPK Vice Chair Bambang Widjojanto continued to proceed. He also confirmed that the cases against Tempo magazine and former Law and Human Rights minister Denny Indrayana continued to move forward with additional testimony from witnesses. Waseso said that for the time being, the inquiries into KPK Commissioners Adnan Pandu Praja and Zulkarnain had been placed on hold until the political situation became more conducive to the investigation.

On Wednesday, March 18, lawyer Razman Arif Nasution was arrested delivered East Jakarta’s Cipinang Penitentiary in connection to the 2006 abuse of his nephew in North Sumatra. He was previously convicted on the charges, and sentenced to three months in prison. His subsequent appeal to the Supreme Court was denied on Jan. 19, 2010, but he remained at large for the next five years. Razman rose to notoriety as one of Budi Gunawan’s lawyers during his pre-trial hearings against the KPK. His other clients include corruption suspect Sutan Bhatoegana, who has filed for a pre-trial motion against the KPK, and Abraham “Haji Lulung” Lunggana of Jakarta City Council in a case against Jakarta Governor Basuki “Ahok” Tjahaja Purnama.

KEY DEVELOPMENTS:

Monday, March 16 – Corruption suspect Hadi Poernomo files pre-trial motion for dismissal

Tuesday, March 17 – Busyro Muqqodas calls for Supreme Court intervention against pre-trial motions

Tuesday, March 17 – Nazaruddin implicates a number of Democrat party officials in testimony at KPK

Wednesday, March 18 – KPK announces it will press forward with investigations despite pre-trial motions

Wednesday, March 18 – Pontianak District Court judge strikes down pre-trial motion to review suspect’s legal status

Wednesday, March 18 – Udar Pristono files counterclaim against AGO for property seizures

Wednesday, March 18 – Budi Gunawan’s lawyer, Razman Arif Nasution, sent to prison for abuse of nephew

Thursday, March 19 – Judicial Commission, Sarpin trade allegations of defamation

Thursday, March 19 – Budi Waseso confirms investigations against KPK remain in play

IMPLICATIONS:

Law and Human Rights Minister Yasonna Laoly has become a thorn in the side of President Joko “Jokowi” Widodo’s administration in recent weeks, drawing a tremendous amount of flak for stepping into the ongoing rift within the Golkar party and for offering to “fix” a problem with sentence reductions for graft convicts that most in society felt had already been adequately addressed by the previous administration. President Jokowi has instructed the minister to take public opinion on the matter of sentence reductions into consideration, sending a hopeful signal that he is in no rush to come to the aid of those who have been convicted of graft.

Throughout the conflict between the KPK and the National Police, the Judicial Commission has been a steadfast supporter of the anti-graft agency, and its request for assistance in examining allegations against Supreme Court judge Timur Manurung can be seen as a further effort to build bridges between the two institutions. However, at the present moment, the Judicial Commission could perhaps best contribute to the country’s anti-corruption agenda by first finishing its review into judge Sarpin Rizaldi. Though Sarpin has thus far proven uncooperative, and has refused to answer questions regarding his handling of Budi Gunawan’s case, the Judicial Commission must compel him to comply so that it can deliver a ruling.

As revealed in his interview with The Jakarta Post on Tuesday, March 17, Budi Waseso maintains that President Jokowi’s instructions to halt the criminalization of the KPK and its supporters do not apply to the current cases being handled by his division. He claims there is real evidence of criminal behavior, and therefore the cases are within the police’s authority to pursue. Waseso’s interpretation of the situation continues to be at odds with that of acting National Police chief Badrodin Haiti, who had made several statements to help deescalate tensions with the KPK. These mixed messages and threats of prosecution are likely to continue at least until the end of the current KPK commissioners’ term as a protective mechanism against closer scrutiny of its top brass who were clearly implicated in the Financial Transaction Reports and Analysis Centre’s (PPATK) report on suspicious financial transactions.

Information as of 5:30 p.m. WIB, March 19, 2015