SUMMARY:

On Monday, May 4, National Police chief Badrodin Haiti said that the police intended to pursue casesagainst three key staff from the Corruption Eradication Commission (KPK) so that the matter could be cleared up in court. Referring to the cases against inactive KPK Chair Abraham Samad, inactive KPK Vice Chair Bambang Widjojanto, and KPK investigator Novel Baswedan, the police chief said that an inter-agency meeting had concluded to bring the cases to trial in open court so that they could be judged based on the evidence. He also said that he respected Novel’s right to file a pre-trial motion, and a counterclaim of Rp 1 in damages, as part of the legal process. Novel became the first individual associated with the KPK to file a pre-trial motion following the April 28 Constitutional Court ruling, which significantly broadened the criteria under which such a motion may be considered by the court.

Novel has been accused of involvement in the death of an alleged thief in 2004, during his time as chief of the police detectives’ unit in Bengkulu — which he has denied. He, however, was disciplined for the incident as the supervisor of the officers responsible. The family of the alleged thief said on Tuesday, May 5, they considered the matter closed, and did not want to be dragged into the case, refuting an earlier comment by National Police Detectives Division (BARESKRIM) Director Budi Waseso who said the victim’s family was calling for swift justice.

The KPK employee’s association came out in support of Novel Baswedan on Tuesday, May 5. Standing by their colleague, the association’s leader, Faisal, said, “We stand against all forms of criminalization, and the search for trivial faults to charge anyone [with a crime], conducted by anyone.”

In an apparent contradiction, police chief Badrodin Haiti told Tempo on Monday, Mudi Gunawan for corruption. Haiti claimed that he had already ordered an end, not a delay, of the investigations, counter to his statement on the same day to The Jakarta Post that the cases would be continued.

On May 5, the National Police Commission (Kompolnas) convened a meeting to discuss the ongoing campaign against the KPK. Coordinating Political, Legal and Security Affairs Minister Tedjo Edhy Purdijatno said that they only way to stop criminalization was if the chief of police acted firmly against his subordinates, namely Budi Waseso. He went on to say that Haiti would be entitled to bring stiff sanctions against Waseso for his disobedience of a direct Presidential order to release Novel. Ahmad Syafii Maarif of the so-called “Team of Nine” created by the President Jokowi to mediate the conflict between the KPK and the police, said “I already called for Waseso’s replacement two months ago because of his tendency to create controversy.”

Interim KPK Chair Taufiqurrahman Ruki announced on Monday, May 4, that the KPK, together with the National Police and the Attorney General’s Office (AGO), had formed a joint task force to take on corruption cases. The task force, he said, would take on cases that required extraordinary coordination between the three law enforcement agencies and said that it would not affect any of the investigations already being handled by each separate institution. AGO spokesman Tony Spontana said that the working mechanisms of the task force were still to be worked out, but that it was important to show the public that the agencies could work together. Badrodin Haiti elaborated some by adding that an agreement had been struck between the police and the KPK to ensure that future legal steps by the police against KPK personnel would be personally cleared by the police chief.

On Tuesday, May 5, BARESKRIM officers under the command of Director of Economic and Special Crimes Victor Simanjuntak searched the offices of petrochemical trading company PT Trans-Pacific Petrochemical Indotama (TPPI), on suspicion that the firm had laundered money and caused state losses of $140 million. Speaking to the media, Victor made no mention of coordination with the KPK, which specializes in corruption and money laundering cases of this magnitude.

On Tuesday, May 5, the KPK questioned a number of suspects in its ongoing investigations, including former director general of taxation Hadi Poernomo, and former minister Jero Wacik.  KPK investigators also questioned Bambang Alamsyah, the current regent of Tanah Laut, South Kalimantan and son of PDI-P politician Adriansyah, who was nabbed in the recent Bali raid. All three individuals remained tight-lipped about the contents of their interrogation.

Former Makassar mayor Ilham Arief Sirajuddin returned to the South Jakarta District Court on Monday, May 4, to challenge the KPK’s corruption charges against him. Ilham Arief had previously withdrawn his pre-trial motion, but a new motion was submitted recently and a court date was set quickly. KPK lawyers strongly objected to Ilham Arief’s revised motion, more than 50 percent of which was new and only received three days ahead of the start of proceedings. However, their objections were overruled by presiding judge Yuningtyas Upiek, and proceedings were ordered to continue.

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

Monday, May 4 – Police, AGO, and KPK form joint task force for coordination

Tuesday, May 5 – Tejho Edhy Purdijatno calls for Badrodin Haiti to reprimand Budi Waseso

IMPLICATIONS:

Despite statements to the contrary, it is clear that a severe disconnect is exists within the police force’s chain of command, and that thus far, Badrodin Haiti has been unable to effectively exert control over his subordinates. His hand was strengthened by calls in today’s Kompolnas meeting for Budi Waseso to face stiff consequences for his apparent insubordination over the weekend. Should Haiti move to discipline Waseso, it could bring some relief to the anti-corruption elements that have come under sustained fire since January. However, his own contradictory statements about the future of the cases against inactive KPK commissioners Abraham Samad and Bambang Widjojanto have added to the confusion of the situation and exacerbate the problem of his loose control of rank-and-file officers. It would appear that by trying to bring the cases to trial, Haiti aims to use the courts to legitimize the criminalization of the KPK.

The formation of a joint task force to improve coordination among the KPK, police and AGO would be a welcome development if the operational framework is clearly defined in such a way that it fosters cooperation without undermining the independence of the KPK. The task force must operate in as transparent a manner as is possible without jeopardizing its investigations, in order to counter the perception that it is simply another closed-door channel by which political considerations influence the pursuit of justice and the rule of law.

In light of the Constitutional Court’s ruling last week, the motions filed by corruption suspect Ilham Arief and KPK investigator Novel Baswedan will take on increased importance as test cases for the new and significantly broader criteria in which a pre-trial motion may be heard by district courts. The KPK won all of its previous challenges, with the obvious exception of the case against Budi Gunawan, on the basis that the court was not authorized to consider the motion, or that the motion was automatically nullified because the case had been brought to trial. In that way, the rulings have largely avoided commenting on the voracity and legality of the KPK’s evidence and investigative methods.

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