Pressure on KPK Law Revision

Leaders of KPK, the Corruption Eradication Commission, have collectively agreed to reject the draft for KPK law revision (The Jakarta Post, Wednesday February 3, 2016; page 2). The draft as proposed by the House of Representative would effectively cripple KPK's authorities in eradicating corruption. The amendment of Law no 30/2002 was listed in National Legislation Program (Prolegnas) 2016, with both government and the House agreed to deliberate the draft this year.

There are at least four subjects in the proposal that would weaken KPK. First, establishment of KPK supervisory body whose members would be selected by the President. This body would be granted oversight authority to KPK operations. It will be tasked to annually monitor and evaluate performance of KPK leaders to control their power as the House consider KPK leader to have huge authority for potential abuse of power. Furthermore, this body would be authorized to issue raid permits in KPK investigations. The supervisory body could potentially weaken KPK operation as its members would come from outside KPK and might have affiliations with political parties, business or individuals who have conflicts of interest.

Second, the House proposed to set up filtered wiretapping procedures, where KPK would require permission from the above supervisory body or the court. Said permit would expire three month after issuance and could only be renewed once. This procedure can potentially lead to information leak and could damage sting operations on high profile graft cases. Wiretapping has effectively provided hard facts for prosecution of corruption crimes. Since KPK was founded, dozens corrupt officials have been arrested with wiretapping procedures as the current law gives KPK authority to independently launch wiretapping.

Third, with new law KPK will have authority to stop investigation and prosecution (SP3) and its prosecutors can reject investigation dossiers from KPK investigator under certain circumstances, for example if the suspect passed away. And lastly, the revision requires KPK investigators to come from National Police, AGO and special investigator. It denies KPK the option to have its own independent investigators.

Despite public rejection of the draft, 45 members of the House from six faction insisted to proceed with amending the KPK Law, especially the ruling Indonesia Democratic Party of Struggle (PDI-P). Ever since KPK was established, 87 corrupt legislators have been thrown in jail. Most recently, KPK arrested Damayanti Wisnu Putranti, PDI-P member, in a sting operation on suspicion of accepting bribe from a construction company to win infrastructure projects in Maluku. Damayanti can use her influence in the parliament to endorse the project. In this case, 24 lawmakers were reportedly involved.

Clearly, the proposed draft will weaken KPK and the corruption eradication efforts in general. There is no urgency to justify amending the law. This revision is hijacking the dream to liberate Indonesia from corruption.***

Stop Criminalization of Novel Baswedan

From the outset, the case against Novel Baswedan, an investigator from the Corruption Eradication Commission - KPK, seemed to be strained. Even the Ombudsman of the Republic of Indonesia -ORI- clearly stated that there are suspicion of engineering and maladministration in the case against Baswedan.

As widely reported, Baswedan is facing allegation of proecution on swallow birds nest thieves in Bengkulu, 2004, while undertaking his duties as the Chief of Police Criminal Investigation Unit in Bengkulu. The case reappeared, coincidentally, around the same time the KPK began investigating corruption against three-star General Inspector Djoko Suliso from the National Police.

At the time, Former President Yudhoyono intervened in the situation and requested that the criminalizing investigation of Novel be stopped. Unfortunately, the case was again processed by the Police after KPK began investigation on an alleged corruption involving another Police General, Budi Gunawan.

Regarding the investigation, ORI issued a recommendation about maladministration practices in the handling of Baswedan's case. First, the Police report No. LP-A/1265/X2012/Ditreskrimum on October 1, 2012, filed by a Police officer were considered as an unlawful act, infringement of authority, and have indications of engineering. According to ORI, the officer lacked qualifications to file a Police Report against Baswedan as he has no knowledge and did not witness the alleged accusations. Second, ORI suspected a fabrication in issuance of the crime lab examination minutes undertaken by the Police. And third, ORI noted a procedural violation and disregard of legal obligations when the Police searched Baswedan, raided his house and confiscated items during their investigation.

Based on these findings, ORI issued recommendations for the Police and Attorney General Office (AGO). ORI appealed to the Police to counsel, supervise and control their investigators involved in Baswedan's case in order to improve professionalism, proportionality, procedurals, competence, transparency and accountability in the Police force.

The Police was also appealed to perform preliminary examination, pre-investigation and/or full-investigation on the suspected engineer and manipulation of case handling, procedural violation and infringements of regulations, as well as the alleged crime of letter forgery.

For AGO, ORI appealed to repeat their research and exposition on the above Police report against Baswedan in order to determine whether or not the case is fit for court. ORI expected AGO to consider their findings in providing justice and legal credence for the public, and for Novel Baswedan in particular.

The findings published by ORI should be more than enough to provide grounds for cessation of the case. Would it be possible to cease investigation in this case? Certainly. According to the Law on Criminal Procedures (KUHAP), prosecutors can cease their prosecution if there is lack of evidence or if the case is not a criminal offense.***

WEEKLY SUMMARY

• Attorney General must not hesitate to enforce law against Setya Novanto - www.antikorupsi.org/Zpv

• Case against Setya Novanto must be immediately enter full investigation - www.antikorupsi.org/ZGk

• KPK leaders must reject the entire revision of KPK Law - www.antikorupsi.org/ZGZ

• Gov should not join deliberation of KPK Law if it rejects the revision - www.antikorupsi.org/ZG4

• Criminalization against KPK must stop - www.antikorupsi.org/ZGo

• Public figures rejects revision of KPK Law - www.antikorupsi.org/ZGJ

• Selection process of Ombudsman RI commissioners disagreeable - www.antikorupsi.org/ZG3

• Ombudsman RI must be stronger with its newly selected commissioners - www.antikorupsi.org/ZGU

STATUS UPDATES

28 January

• Former Regent of Pelalawan, Tengku Azmun Jaafar, attended further trial at Pekanbaru State Court as suspect in an alleged corruption of land procurement for Pelalawan Regency Office Complex, Bakti Praja.

• Former Deputy Governor of Banten, Mochammad Masudi, attended a questioning at KPK for alleged money laundering case with suspect Tubagus Chaeri Wardana or Wawan.

29 January

• KPK questioned former Treasurer of Partai Demokrat, Muhammad Nazaruddin, as witness in the alleged corruption of procurement for the Athlete's Compound and Multipurpose Building for South Sumatera Provincial Administration.

• The Police questioned former Chief of BP Migas, the retired Upstream Oil and Gas Regulator, Raden Priyono, former Deputy of Finance Economy and Marketing of BP Migas, Djoko Harsono, and former owner of PT TPPI, Honggo Wendratmo, for the alleged corruption of state-owned condensate sales.

• Former CEO of PT Pelindo II, Richard Joost Lino, failed to attend questioning as suspect in corruption of the 2010 quay container crane corruption due to a heart condition.

• State Attorney of Bengkulu handed over prosecution dossiers against KPK investigator Novel Baswedan to the court.

1 February

• Three suspects in an alleged misappropriation of the Woman Savings and Loans (SPP) rolling funds for the community empowerment program (PNPM) in Maros, South Sulawesi, attended another trial at Makassar Corruption Court.

2 February

• Special crimes investigator at Riau Provincial Attorney questioned a former officer from the Meranti Islands Regency Administration, Yuliarso, for his involvement in the alleged corruption of Dorak International Ports construction project in Selat Panjang.

• Special detectives directorate (Ditreskrimsus) of Banten Police submitted investigation dossiers of an alleged corruption involving the former Head of Water Resources and Settlements Office (DSDAP) of Banten, Ling Suwargi, to the Banten Provincial Attorney.

3 February

• Attorney General Office officially withdrew their prosecution against KPK investigator Novel Baswedan who were charged with assault at Bengkulu State Court.

• West Java Provincial Attorney ceased investigation on corruption of 2012 grant fund at Bandung Municipality which allegedly received by the Bandung Creative City Forum (BCCF) and implicated Mayor of Bandung, Ridwan Kamil.

• The Corruption Crimes Directorate of National Police named a suspect with the initial GM in a 2014 corruption of printers and 3D scanners procurement for 25 high schools at the Secondary Education Unit of West Jakarta Administration.

• The Corruption Crimes Directorate of National Police named Director of PT Alfindo, Nuratma Prakarsa, and former Secretary of the PMPTK General Directorate, Giri Suryatmana, as suspects in a 2007 corruption of educational toolkits at the Ministry of Education.

• KPK questioned Director of Road Infrastructures at the Ministry of Public Works and Public Housing, Hediyanto Husaini, in a bribery investigation that implicated legislator from PDIP, Damayanti Wisnu Putranti.