SUMMARY:

After his questioning at the Corruption Eradication Commission (KPK) on Tuesday, May 5, former minister Jero Wacik was detained by the anti-graft agency. KPK spokesman Priharsa Nugraha said the former minister would be held at the Cipinang detention center for the next 20 days. Wacik had skipped three previous summons for questioning, though it remains unclear as to whether his lack of cooperation was the reason for his detention. Wacik, a member of the Democrat party, has been implicated in two corruption investigations stemming from his tenure as Tourism and Creative Industries minister, and as Mining and Natural Resources minister. The chairman of the Democrat party’s central board, Marzuki Alie, called on the KPK to handle the case fairly. Vice President Jusuf Kalla said that he would be ready to support Wacik if indications emerged that the KPK had handled the case improperly.

Former director general of taxation Hadi Poernomo announced plans to re-submit a pre-trial motionagainst the KPK on Wednesday, May 6 – a day after his interrogation at the anti-graft agency. Poernomo previously withdrew his pre-trial motion just days before a verdict was scheduled to be released. Poernomo’s lawyer, Maqdir Ismail, said that he was not aware of the motion’s contents as his client planned to draft the motion on his own. Maqdir also represented Bachtiar Abdul Fatah of Chevron in his successful Constitutional Court case, which significantly broadened the criteria under which a pre-trial motion could be considered by a district court.

Further details on the police’s raid of petrochemical trading company PT Trans-Pacific Petrochemical Indoor (TPPI) and Upstream Oil and Gas Regulatory Task Force (SKK Migas) emerged on Wednesday, May 6, including the fact that the KPK had previously launched an inquiry into the case. Speaking to Kompas, Victor Simanjuntak, the director of economic and special crimes at the National Police’s Detective Division (BARESKRIM), said that he had coordinated with the KPK on the case and the anti-graft agency had agreed to share its notes on the case. Victor added that the desire to pursue corruption cases was driven from the police’s new leadership, namely police chief Badrodin Haiti and deputy police chief Budi Gunawan. BARESKRIM chief Budi Waseso added that the police would look to establish links to the KPK’s investigation of Jero Wacik and former SKK Migas director Rubi Rubiandi, whom the KPK caught red-handed in a raid and sentenced to seven years behind bars for corruption. Officers in tactical assault gear collected several boxes of documents from both offices after an eight-hour search.

On Wednesday, May 6, KPK investigator Novel Baswedan filed a request with the Ombudsman to review the details of his recent arrest and detention. Novel’s lawyers allege that the handling of their client was plagued by a number of administrative and procedural violations, including repeated isolation from legal counsel. A day earlier, Budi Waseso stood by Novel’s arrest, saying that its legality would be proven in court during pre-trial hearings.

Speaking on Tuesday, May 5, Vice President Jusuf Kalla slammed the KPK commissioners for their threat over the weekend to resign over Novel’s arrest and detention. He said that the commissioners had to obey the law and that they should not interfere in what he considered to be an internal police matter. “The police and the KPK have no problem at all in handling Novel. It is an individual, private mater. Novel’s case is precisely an internal police affair, so what business is it of the KPK? There isn’t a role for the KPK in this case,” he said, as quoted by Kompas.

On Wednesday, May 6, the Judicial Commission announced it would be convening a plenary session to decide upon the next steps in the ethics inquiry into South Jakarta District Court judge Sarpin Rizaldi’s handling of Budi Gunawan’s pretrial motion. Commissioner Eman Suparman said that the recent Constitutional Court decision to broadened the criteria for the use of pre-trial motions, had no bearing on Sarpin’s case. The Judicial Commission’s review slowed considerably after Sarpin filed a defamation complaint against two of the commissioners and has refused to honor the commission’s summons for testimony.

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

Tuesday, May 5 – Police raid PT TPPI and SKK Migas offices

Tuesday, May 5 – KPK detains Jero Wacik

Wednesday, May 6 – Novel Baswedan files for Ombudsman review of his arrest

IMPLICATIONS:

It remains to be seen whether the police’s offer of collaboration with the KPK to tackle corruption in the oil and gas sector is a genuine offer of assistance, or whether it is an attempt to encroach upon the anti-graft agency’s territory. In principle, greater cooperation would be ideal. In the current political context, however, such developments should be viewed with a degree of skepticism.

Vice President Jusuf Kalla’s statements indicate a bias against the KPK that in the current political climate, is cause for concern. Specifically regarding Novel’s case, Kalla’s characterization of the matter as an “internal police affair” misses the clear pattern of police retaliation against the KPK investigator. For any anti-corruption effort to have a reasonable chance of success, it must be supported not only by the general public, but also by the nation’s highest elected officials.

Based on its findings in the arrest of inactive KPK Vice Chair Bambang Widjojanto, the Ombudsman’s review of Novel’s case is predicted to highlight a number of administrative and procedural violations. Its upcoming report may offer an important corrective to the narrative of the case, but learning from Bambang’s case, previous recommendations have had little if any significant effect on police conduct.

Information as of 5:30 p.m. WIB, May 6, 2015