SUMMARY:

Over the weekend (Feb. 21-22) anti-graft activists took issue with newly appointed temporary chair of the Corruption Eradication Commission (KPK), Taufiqurrahman Ruki, for unilaterally requesting additional police investigators to be seconded to his institution to help speed up the processing of cases. Activists worry that these new personnel present a significant conflict of interest, and actively work to undermine investigations into high-ranking National Police officials. Furthermore, civil society organizations including ICW and the Foundation of the Indonesian Legal Aid Institute (YLBHI) also voiced concerns that Taufiqurrahman and temporary KPK Vice Chair Indriyanto Seno Adji both had personal conflicts of interest that would affect their objectivity in the handling of cases involving Bank Jabar Banten (BJB) and the Bank Indonesia liquidity support (BLBI) program, respectively.

On Sunday, Feb. 22, KPK spokesman Priharsa Nugraha confirmed that the anti-graft body had submitted an appeal for the Supreme Court to review the ruling on Budi Gunawan’s pre-trial motion Friday, Feb. 20. The cassation request – which must pass through the South Jakarta District Court – would allow the Supreme Court to review the initial ruling, but not to consider the evidence in the case. However, South Jakarta District Court spokesman Made Sutrisna stated on Monday, Feb. 23 that his institution would not forward the KPK request to the Supreme Court, in line with a 2011 that the upper court would not review the results of pre-trial motions. Although the former National Police chief-nominee celebrated the Feb. 16 ruling from the South Jakarta District Court, which found his classification as a corruption suspect had no legal basis, legal experts have described it as a miscarriage of justice with sweeping implications for the criminal justice system. Following the precedent set by Budi Gunawan, former Religious Affairs minister and current corruption suspect Suryadharma Ali filed a pre-trial motion for dismissal at the South Jakarta District Court on Monday, Feb. 23.

Amid the dominant narrative of reconciliation with the KPK, National Police Detectives Division Chief Budi Waseso said on Monday, Feb. 23, that investigations into Abraham Samad and Bambang Widjojanto would continue, with the pair being summoned for additional questioning on Tuesday, Feb. 24. Waseso also reiterated that investigations into KPK Commissioner Adnan Pandu Praja, KPK Comissioner Zulkarnain, and temporary KPK Commissioner Johan Budi were ongoing. Waseso’s comments follow a detailed investigative article published in Tempo magazine, chronicling the threats leveled at KPK Director of Investigations Endang Tarsa – who was scheduled to appear as a key witness for the KPK in Budi Gunawan’s pre-trial proceedings, but later withdrew – and his wife, KPK Legal Affairs Bureau chief Chatarina Girsang.

On Monday, Feb. 23, the Judicial Commission officially launched an inquiry into Sarpin Rizaldi, the sole judge who presided over the hearings on Budi Gunawan’s pre-trial motion for dismissal. Sarpin has been brought up on no less than eight previous occasions for ethical breaches. The Supreme Court also announced that it would conduct an investigation into Sarpin, based on a report it received from a coalition of civil society organizations.

Also on Monday, Feb. 23, KPK Commissioners are scheduled to meet with the Attorney General HM Prasetyo, in part to request additional prosecutors to be seconded to the graft-fighting body. Prasetyo has previously stated a willingness to fulfill any request by the KPK for additional support, and has highlighted the parallel, yet collaborative nature of the relationship between the two institutions.

On Monday, Feb. 23, KPK investigators questioned Husni Al Idrus, formerly of the Tourism and Creative Industries Ministry, in connection to its investigation into Jero Wacik, who’s alleged acts of corruption caused an estimated Rp 7 billion in state losses. Wacik is also a suspect in a separate investigation into bid-fixing of an oil and gas project during his term as Mining and Natural Resources minister. In further progress on an oil and gas case, the KPK announce last week that it had seized more than Rp 250 billion from former Bangkalan Regional Representative Council (DPRD) speaker and current money laundering suspect Fuad Amin Imron. The KPK stated that it had also confiscated 17 homes and apartments, 70 plots of land and nearly 20 automobiles thought to have been purchased with the proceeds of Fuad Amin’s alleged illicit activities.

KEY DEVELOPMENTS:

Monday, Feb. 16 – South Jakarta District Court finds against KPK and in favor of Budi Gunawan

Tuesday, Feb. 17 – Sulawesi Police declare KPK Chair Abraham Samad suspect in passport issuance case.

Tuesday, Feb. 17 – National Police declare KPK Chair Abraham Samad suspect in case involving PDI-P politicians

Tuesday, Feb. 17 – NGO coalition files for Judicial Commission review of judge Sarpin’s conduct during pretrial hearing

Wednesday, Feb. 18 – President Jokowi announces Badrodin Haiti as new National Police chief-nominee

Wednesday, Feb. 18 – Jokowi suspends KPK Chair Abraham Samad and KPK Vice Chair Bambang Widjojanto from duty, and uses Perppu to install temporary replacements

Friday, Feb. 20 – Temporary KPK commissioners are inaugurated at Presidential Palace

Friday, Feb. 20 – KPK files appeal of pre-trial motion at Supreme Court

Monday, Feb. 23 – Judicial Commission launches inquiry into Sarpin Rizaldi of South Jakarta District Court

IMPLICATIONS:

The KPK’s appeal of Budi Gunawan’s pre-trial is critically important, not only in its handling of the current allegations against the police general, but in the pursuit of other ongoing investigations. Graft suspect Suryadharma Ali has already filed a similar motion for dismissal, and unless the previous ruling is reversed, it threatens to severely undermine the KPK’s efforts to investigate and prosecute corruption cases.

Despite the ongoing efforts to rebuild working relationships between the KPK, the AGO and the National Police, the latter continues to pursue cold cases against KPK staff and vocal supporters as a top priority. While the law must be upheld in full, and an individual’s position should have no bearing on their treatment in a criminal investigation, the pattern of investigations shows the National Police are pursuing a clearly prejudiced campaign against the KPK. As reported by Tempo magazine, the National Police are considering the results of the pretrial hearing as a fully legal justification to investigate three KPK department directors for alleged abuse of power and the fabrication of evidence. Bengkulu Police questioned a number of witnesses on Monday, Feb. 23 in relation to allegations that officers under the command of 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 – abused suspects in a 2004 larceny case.

Several political analysts argue President Joko “Jokowi” Widodo’s announcement to replace controversial nominee Budi Gunawan with Badrodin Haiti was timed to coincide with the House of Representative’s (DPR) month-long recess, to allow for a significant lobbying effort to shore up political support and ensure the smooth confirmation of the new National Police chief. Members of the DPR must also approve the Presidential decree in lieu of regulation (Perppu) used to install replacement KPK commissioners when the legislature meets again in late March. Assuming Haiti is confirmed, his post as Deputy National Police chief will become vacant, and a replacement must be sought; however, the position does not require legislative confirmation and is therefore much less likely to be fraught with political infighting, at least in the public eye.

Information as of 5:30 p.m. WIB, February 23, 2015