SUMMARY:

On Friday, May 8, inactive KPK Vice Chair Bambang Widjojanto filed a pre-trial motion at the South Jakarta District Court to challenge his status as a suspect in a 2010 perjury case. Bambang’s lawyers said that following the Constitutional Court’s decision on April 28, which explicitly stated that a suspects legal status was subject to pre-trial challenge, had paved the way for his client to file today’s motion. He went on to say that the police’s decision to charge Bambang, and his subsequent arrest on Jan. 23, had not followed appropriate procedures. National Police Detectives Division (BARESKRIM) Director Budi Waseso responded by saying that the police were ready to answer the challenge in court.

On Friday, May 8, Attorney General H.M. Prasetyo confirmed that his office had received the case fileof KPK investigator Novel Baswedan. Prasetyo said that the case file would go through an initial review to determine whether or not it was complete. He assured the public that his office would handle everything in an objective, professional and proportional manner. On Monday, May 4, Novel filed a pre-trial motion against the wrongful-death suit, stemming from a 2004 incident in which officers under his command at the Bengkulu Police allegedly killed a suspected thief as he attempted to flee the scene of the crime.

Public commentary continued on Friday, May 8, over the proposal to incorporate Indonesian military (TNI) staff into the Corruption Eradication Commission (KPK). Interim KPK Chair Taufiqurrahman Ruki reiterated that the anti-graft agency was open to the idea of accepting military personnel to fill a number vacancies, including the post of secretary-general. Ruki emphasized that the KPK was focused on recruiting people from various backgrounds, with a focus on competence and skill sets. He also emphasized that military personnel would need to step down from active duty before they could play a role at the KPK because of current regulations. Former KPK advisor Abdullah Hehamahua saw no problems with the proposal, and underlined that if military personnel joined the KPK, they would have to obey the anti-graft agency’s standard operating procedures, ethical guidelines and commissioners’ orders rather than those of the TNI.

The resulting response from the House of Representatives (DPR) was predominantly negative. Mahfudz Siddiq (PKS – West Java 8) of DPR Commission I – which oversees defense, foreign and information affairs – described the proposal as a “blunder” that would be blocked in the legislature if pursued further. DPR Commission III member Aboebakar Alhabsyi (PKS – South Kalimantan 1) was similarly critical of the proposal, describing it as “unconstitutional”.

The corruption trial of Waryono Karno, the former secretary-general at the Mining and Natural Resource Ministry, began on Friday, May 8, at the Jakarta Corruption Court (TIPIKOR). According to the KPK prosecutor’s opening statement, Waryono transferred a total of nearly Rp 1.5 billion that had been set aside for ministry activities to members of the DPR, journalists, NGOs and a staff member of former president Susilo Bambang Yudhoyono.

On Friday, May 8, the KPK continued to dig into former Religious Affairs minister Suryadharma Ali’s alleged abuse of the annual hajj quota. KPK investigators questioned nine individuals who were thought to have benefitted from improper use of the quota. Suryadharma Ali is accused of embezzling funds from religious pilgrim’s initial deposits to pay for government officials and his own family members’ trips to the holy sites of Mecca and Medina.

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

Friday, May 8 – Inactive KPK Vice Chair Bambang Widjojanto files pre-trial motion

Friday, May 8 – Waryono Karno of the Mining and Natural Resource Ministry stands trial for corruption

Friday, May 8 – AGO confirms receipt of Novel’s case file

IMPLICATIONS:

The Constitutional Court’s decision on April 28 has significantly broadened the criteria under which a pre-trial motion can be filed. With that legal grey area now clarified, the pre-trial motion may now be an effective mechanism for anti-graft officials to challenge the largely inflated criminal charges without the worry of legitimating what had been an initially controversial move by police general Budi Gunawan. With Bambang Widjoajnto and Novel Baswedan having already submitted pre-trial motions, it would not be surprising to see inactive KPK Chair Abraham Samad or former deputy Law and Human Rights minister Denny Indrayana follow suit in the days and weeks to come.

Along with the ongoing trial of former DPR energy commission chair Sutan Bhatoegana, the KPK’s case against Waryono Karno, formerly of the Mining and Natural Resource Ministry, is expected to shed further light on illegal practices within the oil and gas sector. A number of activists have raisedconcerns that the police’s recent involvement, including the raid on SKK Migas and PT TPPI earlier this week, is an attempt to supersede the KPK’s role in this regard. Indonesia Corruption Watch (ICW) has cautiously welcomed the police’s increased effort to tackle corruption, but remains skeptical of the motives behind the new flurry of activity. The KPK remains the only law enforcement institution with a 100 percent conviction rate, and has been investigating corruption within SKK Migas and the Mining and Natural Resource Ministry for years. Genuine support from the police may help to accelerate prosecutions, though a degree of skepticism may be advised.

Information as of 5:30 p.m. WIB, May 8, 2015