SUMMARY:

On Tuesday, Feb. 24, suspended Corruption Eradication Commissioners Abraham Samad and Bambang Widjojanto answered separate summons for additional police questioning regarding allegations of document forgery and perjury, respectively. Abraham Samad was questioned in Makassar by the South Sulawesi Police for an hour-and-a-half in connection to allegations he had falsified documents that allowed a young woman to obtain a passport. After his questioning, Abraham Samad was released. On Monday, Feb. 23, National Police Detective Division (BARESKRIM) chief Budi Waseso dismissed media reports that Budi Gunawan’s multiple official addresses meant that he also had multiple identity cards, and should therefore also face similar charges for forgery.

Bambang Widjojanto appeared at the National Police headquarters for questioning on Tuesday, Feb. 24, but refused to undergo a further round of questioning. Instead, Bambang and his legal team submitted letters to Deputy National Police Chief Badrodin Haiti and BARESKRIM’s director for economic and special crimes, Kamil Razak. Although he declined to explain the contents of the letters in detail, Bambang told media prior to his arrival at police headquarters that he had not yet received a copy of the investigative report against him, as was his right under Paragraph 77 of the Criminal Code. Separately, National Police Spokesman Rikwanto told media that the dossier on Bambang is nearly complete, and slated for submission to the Attorney General’s Office next week.

Novel Baswedan, a former police officer and key KPK investigator in the case against police general Djoko Susilo, was also scheduled for questioning on Tuesday, Feb. 24. Following a statement by the National Police spokesman that the AGO had already declared his dossier “complete” speculation abounded that he may be detained in connection to alleged abuses committed by officers under his command in a 2004 larceny case. As of this writing, Novel’s status remains unclear.

Former Financial Transaction Reports and Analysis Center (PPATK) chief Yunus Husein, has been reported to police and may face criminal charges ranging from abuse of power, to the leaking of state secrets and money laundering. The criminal complaint was filed by Fauzan Rachman, the director of a little-known social group “Gerakan Masyarakat Bawah Indonesia”. In October 2014, as President Joko “Jokowi” Widodo weighed options for his cabinet ministers, Yunus Tweeted from his personal account that Budi Gunawan was one candidate that had been red-flagged on suspicion of corruption. A previous report by PPATK revealed that Budi Gunawan, along with several other police officials, held suspiciously large bank balances.

On Tuesday, Feb. 24, the South Jakarta District Court confirmed its refusal to forward the KPK’s appeal for a review of the pre-trial ruling to Supreme Court. For the time being, the KPK continues to work on building support at the lower court to change its position and pass along the appeal. However, should those lobbying efforts prove unsuccessful, the KPK can file a different type of appeal, which would also consider the evidence of the case – a peninjauan kembali of PK – directly to the Supreme Court. Former Constitutional Court justice Harjono called on the Supreme Court to intervene in order to close the legal loophole that has emerged as a result of the pre-trial ruling issued by South Jakarta District Court justice Sarpin Rizaldi. Former Religious Affairs minister and current graft suspect Suryadharma Ali filed a pre-trial motion on Monday, Feb. 23, to drop the KPK’s charges against him, arguing in part that he has yet to be questioned in the case. However, on two previous occasions he skipped questioning, arguing the summons contained a typographical error and due to illness, respectively. His lawyers have requested the KPK suspend its investigation until the pre-trial process has concluded.

On Tuesday, Feb. 24, the Office of the State Secretary published Government Regulation in Lieu of Law (Perppu) No. 1/2015, which provides President Joko “Jokowi” Widodo the authority to appoint temporary KPK commissioners in the case of a vacancy. An unofficial copy of the Perppu is attached to the body of this message.

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

Tuesday, Feb. 24 – Suspended KPK Commissioners Abraham Samad and Bambang Widjojanto answer police summons

Tuesday, Feb. 24 – The Perppu on the appointment temporary KPK commissioners is published

IMPLICATIONS:

Suspended KPK Commissioners Abraham Samad and Bambang Widjojanto continue to cooperate with criminal investigators despite the tenuous nature of the evidence that has been publically released. This spirit of willing cooperation, however, appears to have reached its limit in the case of Bambang Widjojanto, as the police’s campaign against anti-corruption officials and supporters continues to widen.

Having been in his position for just over a week, temporary KPK Chair Taufiqurrahman Ruki’s unilateral leadership style and frequent, bold position statements to media have become a concern for many anti-graft activists, as they are a marked departure from the KPK’s established collective leadership style. The timing of his requests for additional police and AGO investigators, ostensibly to boost the KPK’s capacity, strike many as odd, given the current crisis the institution is facing. Furthermore, his statement to media on Tuesday, Feb. 24 that “It is the right of every citizen to challenge his legal status through a pre-trial mechanism,” is a surprisingly permissive attitude for a mechanism that many in the legal community regard as a legal loophole that is detrimental to the KPK’s ongoing investigations.

The Perppu published on Tuesday, Feb. 24 provides the president with the temporary power to appoint commissioners to fulfill the leadership gap caused by the criminal proceedings against Abraham Samad and Bambang Widjojanto, and as such should be hailed as a positive step in the short term to alleviate a potential for the paralysis of the KPK. It remains to be seen whether the Perppu will be approved by the DPR, as is required by law, when the next legislative session convenes in late March.

Information as of 6:15 p.m. WIB, February 24, 2015