SUMMARY:

On Wednesday, May 6, the Indonesian military (TNI) stated it was ready and willing to respond to a request from the Corruption Eradication Commission (KPK) for investigative staff to help alleviate a backlog of open cases. Activists and legal experts have viewed proposal with skepticism, saying that the TNI cannot legally loan its staff to civilian agencies outside of the Defense Ministry, National Intelligence Agency (BIN) and the National Search and Rescue Agency (BASARNAS). The Military acknowledge that this cooperation would require a change in legislation. Activists have also voiced concerns that military investigators are not trained as civilian law enforcement officials. The TNI has assisted the KPK on a number of previous occasions, including during the threat of a rumored police raid on the KPK amid the 2012 case against police general Djoko Susilo. The TNI has also opened its Guntur military police detention center to hold a number of high-profile corruption suspects as they await trial.

On Tuesday, May 5, Coordinating Political, Legal and Security Affairs Minister Tedjo Edhy Purdijatnoback-peddled on his previous statements that National Police Detective Division (BARESKRIM) chief Budi Waseso had disobeyed President Joko “Jokowi” Widodo’s order to release KPK investigator Novel Baswedan. Tedjo, who also serves as the head of the National Police Commission (Kompolnas) told media on Tuesday, “He already did what the President ordered. He was ordered to release the detainee. As proof, there isn’t anyone being held right now.” Tedjo’s comments clearly ignore the fact that the order was not obeyed immediately, and that Novel was instead flown from Jakarta to Bengkulu, South Sumatra in a police aircraft without legal counsel in order to reenact a crime that allegedly took place more than a decade ago before he was ultimately returned and released on bail. Tedjo also commented on what he saw as the division of labor between police chief Badrodin Haiti and deputy police chief Budi Gunawan. In his opinion, Haiti was responsible for external duties, while Gunawan was in charge of the police’s internal operations and affairs.

Budi Waseso responded on Wednesday, May 6, to his critics who have repeatedly pointed out that he had not submitted a required individual wealth report. Waseso pledged to complete the necessary paperwork and submit it to the KPK soon, without specifying when, and downplayed speculation on the cause for the delay.

On Wednesday, May 6, – the same day that KPK investigator Novel filed a complaint with the Ombudsman – the National Police's legal affairs office owned up to "only" committing ethical violationsin his arrest. The legal office’s director, Moechgiarto, said that the only problem with Novel’s arrest was that it was carried out in the middle of the night. Otherwise, he said, it had been carried out according to procedure and would be proven as such during pre-trial hearings at the South Jakarta District Court.

On Thursday, May 7, the trial Fuad Amin Imron, got underway at the Jakarta Corruption Court (TIPIKOR). Security measures were heightened, and included metal detectors and some 200 Mobile Brigade (Brimob) personnel on site in anticipation of raucous support for the former East Java politician. The KPK has charged Fuad Amin with three separate counts of corruption, including money laundering, stemming from his alleged involvement in graft-ridden natural gas and electricity procurement operations.

On Thursday, May 7, KPK prosecutors in the trial of former House of Representatives (DPR) energy committee chair Sutan Bhatoegana’s trial called DPR Secretary-General Winantuningtyastiti Swasanani to the witness stand at the Jakarta TIPIKOR. The KPK also called to the stand former Upstream Oil and Gas Regulatory Task Force (SKK Migas) head Rudi Rubiandini, who was previously convicted of corruption and sentenced to seven years in prison. Sutan Bhatoegana is suspected of accepting $140,000 in bribes to be distributed to the 45 members of the energy commission in exchange for approval of mid-year budget revisions in 2013.

KEY DEVELOPMENTS:

Friday, May 1 – National Police detectives arrest KPK investigator Novel Baswedan in early morning raid

Friday, May 1 – President Jokowi orders Novel’s release

Saturday, May 2 – Novel flown to Bengkulu for reconstruction of crime

Saturday, May 2 – Novel released from police custody on guarantee from five KPK commissioners

Monday, May 4 – Novel’s lawyers file pre-trial motion at South Jakarta District Court

Monday, May 4 – Police, AGO, and KPK form joint task force for coordination

Tuesday, May 5 – Tejho Edhy Purdijatno calls for Badrodin Haiti to reprimand Budi Waseso

Tuesday, May 5 – Police raid PT TPPI and SKK Migas offices

Tuesday, May 5 – KPK detains Jero Wacik

Wednesday, May 6 – KPK investigator Novel Baswedan files complaint with Ombudsman

Thursday, May 7 – Fuad Amin Imron goes on trial at Jakarta TIPIKOR

IMPLICATIONS:

Comments by Tedjo Edhy Purdijatno and Jusuf Kalla, who reiterated support for the police’s case against Novel Baswedan on May 7, indicate that the police have once again shored up elite support for the campaign against the KPK. In this light, the potential involvement of the TNI comes as somewhat of a relief, as it broadens the political support behind the KPK. However, while TNI involvement may help to mitigate the criminalization of the KPK’s investigative staff, it would do little to affect several of the other lines of attack the anti-graft agency’s adversaries have opened. Military involvement may also turn off a number of the KPK’s public supporters, who are also major supporters of the human rights movement. The decline in the KPK’s performance since January has had little to do with the availability of resources and is primarily a product of the current political environment. The Indonesian people struggled for years after the transition to democracy to remove the role of the military in civilian affairs, and an attempt to reintroduce it through the KPK carries significant risk. However, the recruitment of a mixture of independent and military investigators might provide a balanced approach that would address the agency’s need for skilled detectives and auditors in the long run while also providing needed political space in the near term.

The fact that the KPK would consider such cooperation with the TNI underlines the lack of support the agency receives from government.

SUMMARY:

On Wednesday, May 6, the Indonesian military (TNI) stated it was ready and willing to respond to a request from the Corruption Eradication Commission (KPK) for investigative staff to help alleviate a backlog of open cases. Activists and legal experts have viewed proposal with skepticism, saying that the TNI cannot legally loan its staff to civilian agencies outside of the Defense Ministry, National Intelligence Agency (BIN) and the National Search and Rescue Agency (BASARNAS). The Military acknowledge that this cooperation would require a change in legislation. Activists have also voiced concerns that military investigators are not trained as civilian law enforcement officials. The TNI has assisted the KPK on a number of previous occasions, including during the threat of a rumored police raid on the KPK amid the 2012 case against police general Djoko Susilo. The TNI has also opened its Guntur military police detention center to hold a number of high-profile corruption suspects as they await trial.

On Tuesday, May 5, Coordinating Political, Legal and Security Affairs Minister Tedjo Edhy Purdijatnoback-peddled on his previous statements that National Police Detective Division (BARESKRIM) chief Budi Waseso had disobeyed President Joko “Jokowi” Widodo’s order to release KPK investigator Novel Baswedan. Tedjo, who also serves as the head of the National Police Commission (Kompolnas) told media on Tuesday, “He already did what the President ordered. He was ordered to release the detainee. As proof, there isn’t anyone being held right now.” Tedjo’s comments clearly ignore the fact that the order was not obeyed immediately, and that Novel was instead flown from Jakarta to Bengkulu, South Sumatra in a police aircraft without legal counsel in order to reenact a crime that allegedly took place more than a decade ago before he was ultimately returned and released on bail. Tedjo also commented on what he saw as the division of labor between police chief Badrodin Haiti and deputy police chief Budi Gunawan. In his opinion, Haiti was responsible for external duties, while Gunawan was in charge of the police’s internal operations and affairs.

Budi Waseso responded on Wednesday, May 6, to his critics who have repeatedly pointed out that he had not submitted a required individual wealth report. Waseso pledged to complete the necessary paperwork and submit it to the KPK soon, without specifying when, and downplayed speculation on the cause for the delay.

On Wednesday, May 6, – the same day that KPK investigator Novel filed a complaint with the Ombudsman – the National Police's legal affairs office owned up to "only" committing ethical violationsin his arrest. The legal office’s director, Moechgiarto, said that the only problem with Novel’s arrest was that it was carried out in the middle of the night. Otherwise, he said, it had been carried out according to procedure and would be proven as such during pre-trial hearings at the South Jakarta District Court.

On Thursday, May 7, the trial Fuad Amin Imron, got underway at the Jakarta Corruption Court (TIPIKOR). Security measures were heightened, and included metal detectors and some 200 Mobile Brigade (Brimob) personnel on site in anticipation of raucous support for the former East Java politician. The KPK has charged Fuad Amin with three separate counts of corruption, including money laundering, stemming from his alleged involvement in graft-ridden natural gas and electricity procurement operations.

On Thursday, May 7, KPK prosecutors in the trial of former House of Representatives (DPR) energy committee chair Sutan Bhatoegana’s trial called DPR Secretary-General Winantuningtyastiti Swasanani to the witness stand at the Jakarta TIPIKOR. The KPK also called to the stand former Upstream Oil and Gas Regulatory Task Force (SKK Migas) head Rudi Rubiandini, who was previously convicted of corruption and sentenced to seven years in prison. Sutan Bhatoegana is suspected of accepting $140,000 in bribes to be distributed to the 45 members of the energy commission in exchange for approval of mid-year budget revisions in 2013.

KEY DEVELOPMENTS:

Friday, May 1 – National Police detectives arrest KPK investigator Novel Baswedan in early morning raid

Friday, May 1 – President Jokowi orders Novel’s release

Saturday, May 2 – Novel flown to Bengkulu for reconstruction of crime

Saturday, May 2 – Novel released from police custody on guarantee from five KPK commissioners

Monday, May 4 – Novel’s lawyers file pre-trial motion at South Jakarta District Court

Monday, May 4 – Police, AGO, and KPK form joint task force for coordination

Tuesday, May 5 – Tejho Edhy Purdijatno calls for Badrodin Haiti to reprimand Budi Waseso

Tuesday, May 5 – Police raid PT TPPI and SKK Migas offices

Tuesday, May 5 – KPK detains Jero Wacik

Wednesday, May 6 – KPK investigator Novel Baswedan files complaint with Ombudsman

Thursday, May 7 – Fuad Amin Imron goes on trial at Jakarta TIPIKOR

IMPLICATIONS:

Comments by Tedjo Edhy Purdijatno and Jusuf Kalla, who reiterated support for the police’s case against Novel Baswedan on May 7, indicate that the police have once again shored up elite support for the campaign against the KPK. In this light, the potential involvement of the TNI comes as somewhat of a relief, as it broadens the political support behind the KPK. However, while TNI involvement may help to mitigate the criminalization of the KPK’s investigative staff, it would do little to affect several of the other lines of attack the anti-graft agency’s adversaries have opened. Military involvement may also turn off a number of the KPK’s public supporters, who are also major supporters of the human rights movement. The decline in the KPK’s performance since January has had little to do with the availability of resources and is primarily a product of the current political environment. The Indonesian people struggled for years after the transition to democracy to remove the role of the military in civilian affairs, and an attempt to reintroduce it through the KPK carries significant risk. However, the recruitment of a mixture of independent and military investigators might provide a balanced approach that would address the agency’s need for skilled detectives and auditors in the long run while also providing needed political space in the near term.

The fact that the KPK would consider such cooperation with the TNI underlines the lack of support the agency receives from government.

Information as of 5:30 p.m. WIB, May 7, 2015