SUMMARY:

On Thursday, Feb. 19 anti-graft activists decried President Joko “Jokwoi” Widodo’s nomination of Badrodin Haiti as Indonesia’s next top cop as insufficient to address the damage that has been done to the Corruption Eradication Commission (KPK). While activists have welcomed the move to drop the controversial Budi Gunawan, they have pointed out that Badrodin was implicated in the same report by the Financial Transaction Reports and Analysis Centre (PPATK) that had originally uncovered Budi Gunawan’s suspicious bank balances and financial transactions.

While the President’s decision on Wednesday, Feb. 18 has helped to provide a way out of the current crisis, the House of Representatives (DPR) must still approve Badrodin through a “fit and proper test” and must approve the Presidential decrees in lieu of regulation (Perppu) used to install replacement KPK commissioners when the legislative body reconvenes on March 22.

On Friday, Feb. 20, the KPK’s legal team announced that it would be seeking a full appeal at the Supreme Court to reverse the South Jakarta District Court’s ruling on Budi Gunawan’s motion for dismissal. The KPK has consulted with its own legal team, as well as with a broad range of external legal experts, and has concluded that the judge presiding over the pre-trial hearing overstepped his authority in issuing a ruling to revoke Budi Gunawan’s status as a suspect in a KPK investigation – a ruling that was in direct contradiction specific sections of the Criminal Code. Although a previous Constitutional Court ruling stated that all pre-trial hearings were final and not subject to appeal at a higher court, the KPK legal team feels confident that given the gravity of the implications this ruling would have on the broader criminal justice system should it stand, the Supreme Court will accept the case for review.

On Friday, Feb. 20, temporary KPK commissioners Taufiqurrahman Ruki, Indriyanto Seno Adji and Johan Budi were sworn in at a ceremony at the Presidential Palace. Installed as the new temporary KPK Chair, Ruki vowed to continue the KPK’s many important cases, including the investigation into allegations that Budi Gunawan abused his position in the National Police’s career development office, taking bribes in exchange for favorable postings. In recent statements to the media, Johan Budi has emphasized that improved coordination with the police was the first order of business to help to deescalate the tension between the two law enforcement bodies.

IMPLICATIONS:

It remains to be seen whether Badrodin Haiti will be powerful enough inside the National Police to stop the agenda to undermine the KPK. So far, there is little evidence of a change in attitude by the police. Detective Division (BARESKRIM) Chief Budi Waseso announced on Tuesday, Feb. 17 that the National Police was targeting 21 KPK investigators who allegedly possessed guns with expired licenses. On Thursday, Feb. 19, Badrodin confirmed that the National Police was also continuing its investigation into Novel Baswedan, the former police officer who rose to national recognition after becoming a key part of the KPK investigation into National Police general Djoko Susilo for corruption into driving simulator procurement. Novel was earlier accused of abusing suspects in a 2004 larceny investigation in Bengkulu. While on Friday, Feb. 20, Badrodin mentioned to the media that he was considering releasing an SP3, a document to formally halt the investigations into Abraham Samad and Bambang Widjojanto, but said any decision on the matter would be based on the evidence in each case.

PDI-P continues to grumble about Jokowi’s failure to install Budi Gunawan, and the most outspoken members of the party continue to entertain open threats of impeachment for the President’s “disregard” of the DPR’s endorsement Budi Gunawan. However, the rest of the party factions in the DPR seem ready to accept Badrodin Haiti (whom Budi Gunawan claims he appointed as an alternate) and move on with other affairs of state.

Information as of 5:30 p.m. WIB, February 20, 2015