SUMMARY:

On Friday, January 30, the KPK issued a second summons for National Police Chief nominee Budi Gunawan to submit to questioning in connection to his questionable financial dealings. While some observers speculated Budi would be detained, he instead failed to appear. Budi’s refusal to submit to questioning reflects a concerted effort within the police to obstruct progress in the case. A number of police personnel have disregarded KPK summons in recent weeks, reflecting an institutional culture of non-cooperation. The KPK uncovered a confidential internal memo, circulated within police HQ instructing staff to withhold testimony if asked to submit to questioning in connection to Budi’s case.

Also on Friday, President Joko “Jokowi” Widodo met with former presidential rival Prabowo Subianto and with former president B.J. Habibie in a move many viewed as an exploration of alternative options for political support. The true outcome of his meeting with Prabowo remains unclear, but broader political support would provide Jokowi with a way out of the trap in which he now finds himself – between PDI-P which nominally backed his run for the presidency, and the public from which he received the mandate to lead. Though Jokowi has sought advice from a wide variety of figures, he still has yet to take decisive action, even as his own independent team of advisors, nicknamed the “Team of Nine”, urged him to withdraw the nomination of Budi Gunawan as the country’s top cop.

On Monday, February 2, the South Jakarta District Court convened to hear a pre-trial motion from the legal team of Budi Gunawan to challenge his indictment on graft charges. Proceedings were postponed by one week after the defendant, the KPK, failed to appear. Legal experts maintain that Article 77 of the Criminal Code stipulates that a decision to name a suspect cannot be challenged in court. In 2009, legal counsel for the police took this exact position as then KPK commissioners Chandra M Hamzah and Bibit Samad Rianto sought an official review of the politically motivated charges that had been leveled against them. The judge selected to preside over Budi’s motion, Judge Sarpin Rizaldi, has been reported to the Judicial Commission eight times for alleged misconduct.

KEY DEVELOPMENTS:

Friday, January 30 – President Jokowi meets with Prabowo, Habibie

Friday, January 30 - Budi refuses second KPK summons

Friday, January 30 - Police question first witness in case against KPK Chair Abraham Samad

Monday, February 02, 2015 - South Jakarta District Court postpones hearing on Budi’s pre-trial motion

Tuesday, February 3, 2015 – KPK Vice Chair Bambang Widjojanto (BW) scheduled for questioning at police HQ

IMPLICATIONS:

Budi Gunawan’s failure to answer his second KPK summons continues to heighten tensions between the two law enforcement agencies, and highlights a demonstrated pattern of police obstructionism in the case. The KPK must issue a third summons before it is allowed to forcibly detain Budi for questioning, a situation that is sure to bring tensions to the brink.

President Jokowi continues to develop alternative political alliances as a way out of the difficult situation his own party has forced him into. However, Vice President Jusuf Kalla as well as coalition partners NasDEM, PKB, and Hanura remain quiet on the issue, and KPK supporters grow increasingly frustrated at the lack of decisive presidential action.

Pressure continues to build against Abraham Samad as new allegations of secret meetings and other ethical breeches during the presidential campaign continue to surface. The President may face a situation in which he is forced to halt the work of the country’s most-trusted anti-graft body and suspend all of the KPK commissioners.

Should Budi Gunawan’s pre-trial motion be granted, it would represent a sharp departure from established jurisprudence, and set a dangerous new precedent that would set suspects free before the full weight of evidence is considered in open court.

COMMISSIONERS’ LEGAL STATUS UPDATE

Abraham Samad – complaint filed with police, under investigation

Adnan Pandu Praja – complaint filed with police, under investigation

Bambang Widjojanto – charged as a suspect

Zulkarnain – complaint filed with police, under investigation