Anti-Corruption Weekly Digest: March 3-8, 2016

Reviewing Sumber Waras Alleged Corruption

 

A year ahead of the 2017 Jakarta Gubernatorial election, the candidacy has not yet officially opened.

However, there are many names that already declared their interest. Among them are famous names such as Yusril Ihza Mahendra, Ahmad Dhani, and the incumbent Basuki Tjahaja Purnama (Ahok). Equally interesting, among the news of the Gubernatorial race is the land procurement issue of Sumber Waras Hospital.

In 2014, The Jakarta Provincial Government purchased the land to build Sumber Waras Hospital. The 36.410 m² lands are worth 755.68 billion and purchased through the Health Office. The payments are made to Sumber Waras Health Foundation (Yayasan Kesehatan Sumber Waras, or YKSW) on December 30th 2014.

The Supreme Audit Agency (Badan Pemeriksa Keuangan, or BPK) concludes there is a potential state losses on the purchase. In the 17 pages audit, BPK said that the state losses potentially amounted to 191.33 billion rupiah.

In the same audit, BPK described that at least there are six irregularities in the process of land purchases. First, the designation of land worth 755.68 billion Rupiah was not in accordance with the applicable provisions. Second, the Governor’s disposition that instruct Jakarta Planning Agency to allocate the land purchasing budget in 2014 State Budget (APBN) was also not in accordance with the provisions. Third, determination of the location was not through a fair feasibility and technical studies, thus indicated it was just a mere formality. Fourth, the land purchase was made during the YKSW still tied to an agreement. Fifth, the land handed by the YKSW was not in accordance with those offered, resulting differences in land prices. Sixth, the certificate of waiver and payment has been made by YKSW before they pay land and building tax arrears amounted to 6.6 billion.

The important question is, was that really a corruption on the land purchases? The question can be answered if a tort is found, also the potential losses of State and the Jakarta Provincial Government’s intention.

The most notable differences lie in the calculation of the State losses. According to the BPK’s audit, the state losses calculation based on Taxable Value (Nilai Jual Objek Pajak, or NJOP). The Jakarta Provincial Government considered purchasing the land that is overly high-priced. The BPK’s state losses rate version is obtained from the differences of NJOP year 2013, which is 15.5 million rupiah per square meter, while at the time of the purchases, the Jakarta Provincial Government used the NJOP year 2014, which is 20.75 million rupiah per square meter.

Which one is correct? In addition, the purchase was made in December 2014. Thus, it is appropriate to use the NJOP rate year 2014. At the same time, the Corruption Eradication Commission (Komisi Pemberantasan Korupsi, or KPK) has conducted several reviews. Temporary conclusion, there are no indications of corruption in the land procurement for Sumber Waras Hospital. KPK has summoned 33 persons for questioning. However, the commission has not found any potential abuse of authority.

There are many basic differences between KPK, BPK, and the Jakarta Provincial Government. Therefore, it is better to wait for a process that is now being rolled by the Anti-corruption Commission. Since it is too early to tell there is a corruption in this matter.

 

DEPONERING FOR COMBATING CORRUPTION

The Attorney General’s decision to issues the deponering or terminate the legal process of Abraham Samad and Bambang Widjojanto cases is right. It is not merely the Attorney General’s prerogative, yet it is the commitment to save the corruption eradication efforts in Indonesia from the manipulation of the law.

Attorney General, HM Prasetyo finally issued the deponering of two former KPK’s leader Abraham Samad and Bambang Widjojanto cases. The decision to terminate the cases is conducted in the public interest based on Law No. 16 Year 2004 concerning Attorney General.

The decision of deponering is the answer of public disquiet to alleged case manipulation of Abraham Samad and Bambang Widjojanto. The Presidential Special Staff of Communication, Johan Budi SP said that the President wanted the cases related to the Corruption Eradication Commission (KPK) resolved, does not become protracted and trigger uproar. Thus the development program and national economic improvement effort will not be disturbed.

The deponering is not an ideal choice. It does not eliminate the fact of law infringement committed. That is the reason the two former of KPK leader rather choose The Attorney General to issue the letter to cease the prosecution (SKPP). Under the criminal code (KUHP), by the SKPP a case is discontinued if the prosecutor does not find enough evidence, or the event is not considered as a crime, thus the case is closed for the sake of the law. In terms of SKPP, Abraham and Bambang were not considered to commit law infringement.

As already known, Abraham charged with suspicion of falsification of civil registry documents, while Bambang presumed to order the witnesses to commit false testimony in West Kotawaringin election dispute in 2010.

Those cases appear after the two former KPK leader set Commissioner General Budi Gunawan, who is a single candidate for the national police chief, as a suspect in a corruption case. Public later regarded it as law manipulation and assumed it as merely a retaliation to KPK from the Police.

However, the Attorney General’s decision to issue the deponering did not go smoothly. House Commission III previously refused to stop the case through the deponering. It is considered to degrade the work of the police institution. Also, there is no public interest reason for the prosecutor to override the case as Abraham and Bambang no longer serve as KPK leader.

Besides the refusal, the Attorney General also performs the pretrial at the South Jakarta district court. The suit is registered on behalf LSM Patriot Demokrat and an individual named Junaidi.

Meanwhile, Attorney General, HM Prasetyo is reported by Ikatan Sarjana dan Profesi Perpolisian Indonesia (ISPPI) to the National Police’s Criminal Investigation Corps (Bareskrim) Police Headquarters.

Without neglecting to the pretrial efforts, but rather to the Constitutional Court’s decision, other than those stipulated in Article 88 (a) Criminal Law Code, pretrial expansion only to the determination of suspects, search and seizure, while the deponering are not regulated.

The deponering decision however has to be appreciated. It is because the polemics of two former KPK leader cases finally ended and avoided from further law manipulation in the judicial process.

 

WEEKLY SUMMARY

STATUS UPDATES

March 3

  • Attorney General issues the deponering for Abraham Samad and Bambang Widjojanto cases.

  • KPK grills Djoko Pranomo, Head of Human Resources of Sea Transportation, as a suspect in Centre for Cruise Science Education and Training Sorong phase III corruption case.

  • Jamaluddien Malik, Former Director General for Transmigration Area Development Ministry of Manpower and Transmigration, demanded 7 years of jail for budget cuts and gratification.

  • Hearing for Pledoi (defense plea) reading on Parepare Legislative Council Member from 2004 – 2009 corruption cases that ensnared former Mayor of Parepare, Sjamsu Alam, held again.

  • Former Section Chief of Dispute National Land Agency of Makassar, Muhammad Hatta, demanded 4 years of jail after receving gratification for cancellation of the issuance of the certificate of 3 hectares of land in Parangloe Village, Tamalanrea District, Makassar.

March 4

  • State losses due to alleged corruption in procurement of land for construcion of Haj embarkation in the Riau Province reach 8.3 billion Rupiah, with the suspect Muhammad Guntur, former Head of the Governance Regional Secretariat of Riau Province.

  • Attorney General prosecutors of Mejayan District Attorney demand alleged corruption case Craft Industry Enhancement program of Madiun Regency in 2012, with each sentence for two years in jail and a fine of 50 Million rupiah.

March 7

  • 5 witnesses absent in the call of Provincial Attorney General of North Sumatera related to cases of alleged corruption in the procurement of 294 units of North Sumatera Bank official cars.

  • Former Health Minister, Siti Fadilah Supari, attended the call of KPK investigator as a witness in alleged corrruption case of medical equipment procurement in Airlangga University Hospital year budget 2010 phase I and II.

  • The investigation of alleged corruption 2015 School Operational Assistance fund (BOS) amounted to more of Rp181 billion for Elementary School and Junior High School stagnate.

  • Fugitive of rice for the poor (Raskin) corruption cases in Pasirsari Village, South Cikarang District in 2008 was captured by the Attorney General of Cikarang.

March 8

  • Labora Sitorus, suspected of illegal logging and money laundering cases, was placed in an Cipinang Penitentiary isolation cell in East Jakarta.

  • Directorate of Special Economic Crime of The National Police Criminal Investigation (Bareskrim Polri) named the Hardware Senior Manager of PT. Pelabuhan Indonesia, Heriari Budi Kuncoro as suspect in alleged corruption case of 10 mobile cranes procurement.

  • For the third times, former Section Chief of Facilities and Infrastructure Department of Secondary Education of West Jakarta, Alex Usman, named as suspect of corruption cases by Directorate of Corruption of The National Police of Criminal Investigation related to classroom digital equipment procurement case.

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