SUMMARY:

Over the weekend, the National Police caused a public uproar by moving to forcibly arrest Corruption Eradication Commission (KPK) investigator Novel Baswedan in the early morning hours of Friday, May 1 in connection to a 2004 death-in-custody case, stemming from his time as a police investigatorbefore he joined the KPK.

Novel was taken to National Police Detective Division (BARESKRIM) for questioning, which began at approximately 2 a.m. and continued for several hours without the presence of legal counsel, who were on site but not allowed access to his client. Novel was subsequently transferred to a holding cell at Mobile Brigade (Brimob) headquarters in the Jakarta suburb of Depok, where again his lawyers were restricted from meeting their client. BARESKRIM director Budi Waseso said Novel had been moved to the Brimob facility, which typically holds hardened criminals and terrorism suspects, because "BARESKRIM was full". Novel's home was searched as were his wife and children.

In the wake of the arrest, the public responded with an outpouring of support. Novel’s wife, Siti, launched an online petition for his release via the website change.org that received more than 21,000 signatures by Sunday afternoon. Ifdhal Kasim, the former head of the National Human Rights Commission (Komnas HAM), said that the clear political motives behind the police’s move to arrest Novel threatened to undermine public trust in the entire law enforcement institution. Employees of the KPK also released a four-point statement calling for Novel’s release and an end to the campaign of criminalization against members of the anti-graft movement. In a bold move, all five KPK commissioners threatened to resign if Novel was not released.

Reacting to the situation, President Joko “Jokowi” Widodo issued a statement from his hometown of Surakarta ordering the police to release Novel, to conduct transparent investigations, and to foster a harmonious relationship with the KPK. Compliance with his order was significantly delayed, however. After a meeting with the police’s top brass, Vice President Jusuf Kalla was more muted, stating that the case should be processed transparently and according to existing procedures. Along the same lines, National Police chief Badrodin Haiti said that the entire situation could have been avoided if Novel would have cooperated from the beginning of the case and answered the two previous summons for questioning. Budi Waseso urged everyone, including Jokowi, to avoid “overreacting” to the situation.

Later on Friday evening, Novel was flown to Bengkulu province in southern Sumatra for the police’s reconstruction of the 2004 incident. Novel reportedly refused to participate in the reenactment of the case on the basis that he was never personally involved, but had assumed responsibility for the actions of officers under his command as then chief of the Bengkulu Police Detective Division. Novel faced an ethics inquiry into the case, which occurred just four days after he had assumed the position, and received a reprimand in 2005. He subsequently continued to serve as the head of the division until 2006, when he joined the KPK.

Following the trip to Bengkulu, Novel was returned to Jakarta on Saturday, May 2, and subsequently released on the personal guarantee of the five current KPK commissioners. Speaking from his home, Novel said the case against him was based on hatred and constituted a clear form of criminalization of the KPK and its work.

Throughout the weekend, Novel’s lawyers have slammed the police’s conduct of the case against their client. They questioned the reason why his arrest, supported by the Jakarta Police’s mob squad, was conducted in the middle of the night, and why a number of personal possessions, including books, magazines and a laptop – clearly unrelated to the case – were seized during the search of his home. His lawyers also spoke out against the fact they were denied access to their client during his interrogation at BARESKRIM, the initial attempts made to restrict their access to their client during his detention at Brimob, and the misinformation they were given which prevented them from accompanying their client to Bengkulu. His lawyers also blasted an earlier statement from police chief Haiti that their client was not being held, despite his clear detention at Brimob headquarters.

On Monday, May 4, Novel’s lawyers formulated these complaints into a pre-trial motion and submitted it to the South Jakarta District Court. KPK commissioners have said that if Novel decides to file such a motion, they would not interfere as it was his own personal matter, rather than an institutional issue.

Tjahjo Kumolo, the Home Affairs minister and the head of the National Police Commission (Kompolnas), said on Sunday, May 3, that a comprehensive review of the National Police would be conducted over the coming weekend. On Monday, May 4, in an attempt to distance himself from responsibility for this weekend’s developments, Budi Waseso told media that he had not issued the order for Novel’s arrest, and that he was only informed of the initiative taken by the investigator assigned to the case.

KEY DEVELOPMENTS:

Friday, May 1 – National Police detectives arrest KPK investigator Novel Baswedan in early morning raid

Friday, May 1 – President Jokowi orders Novel’s release

Saturday, May 2 – Novel flown to Bengkulu for reconstruction of crime

Saturday, May 2 – Novel released from police custody on guarantee from five KPK commissioners

Monday, May 4 – Novel’s lawyers file pre-trial motion at South Jakarta District Court

IMPLICATIONS:

This weekend’s developments were extremely troubling in terms of the relationship between the KPK and the National Police, and in terms of the National Police’s apparent disregard for constitutionally protected rights and the refusal to follow direct orders from the President. The boldness with which the police conducted themselves over the weekend indicate an extremely high degree of confidence that they can conduct investigations based on murky legal considerations, in clear contradiction to established legal and societal norms, with complete impunity when it is politically convenient. The police’s coordinated efforts to deny Novel Baswedan his rights to counsel undermine basic civil liberties held in a democratic society, and represent a grave threat if they are not swiftly and firmly addressed.

Budi Waseso’s allegations that Novel owned four luxurious homes, a claim which Novel has flatly denied, is a clear attempt at character assassination as the accumulation of wealth as a government employee is often viewed with suspicion in Indonesia. Novel has previously been transparent regarding his assets through the wealth report required of all KPK employees and high-ranking government officials. Budi Waseso, however, has yet to complete his own wealth report.

This weekend also highlighted Badrodin Haiti’s challenges in exerting control over the police force. Leading civil society figures, such as Populi Center researcher Nico Harjanto, summarized the situation aptly saying, “The police investigators’ arrest of Novel was an act of insubordination to the police chief and the President who have been trying to calm down and settle the police-KPK conflict. With Novel’s arrest, a small rebellious group apparently has a special agenda to take revenge on the KPK because of several graft cases implicating police officials.”

Indonesia Corruption Watch (ICW), as part of the Civil Society Coalition, released a statement over the weekend saying, “Novel’s arrest smells of revenge, hatred, and an abuse of authority by those in law enforcement, which represents an obvious misuse of power.” The Coalition suggested a five-point plancalling for police reform:

– The President should issue a Presidential decree in lieu of regulation (Perppu) to order a comprehensive review of the police, and suspend members of the force suspected of abusing their authority. Their duties should be temporarily transferred to other law enforcement officials until a reformed police force can responsibly resume their lawful execution.

– The evaluation should aim to root out the abuse of authority, create a new performance management system for its work in security, law enforcement and public service.

– The evaluation should aim to simultaneously improve the credibility of the police by revamping the staffing structure and installing officers with integrity and who have no conflict of interest with ongoing KPK investigations.

– The President must take the lead in the process of police reform by replacing insubordinate officers who disobey orders to stop the criminalization of the KPK.

– Civil society must play an active role in the effort in putting an end to the campaign of criminalization.

Information as of 5:30 p.m. WIB, May 4, 2015