The furore of KPK's search at DPR

On Friday, Jan 15, a team of KPK investigators administered a search of the parliament building to follow up investigations of corruption implicating a member of the House of Representatives, or DPR, Damayanti Wisnu Putranti. Damayanti was recently arrested in a sting operation while receiving bribery from a businessman in order to influence projects at the Ministry of Public Works and Public Housing. For security support during the search, KPK, the Corruption Eradication Commission, enlisted four men from the Police Mobile Brigade, commonly known as Brimob.

The search proceeding was strenuously protested by Fahri Hamzah, a deputy speaker of the house. Fahri engaged in a tense argument with the team leader, AKBP HN Christian. He questioned why the policemen carried long-barrel firearms during the search, which he considered as harassment to the legislative body in a democracy.

Fahri pointed that Christian's name was not even typed in the search warrant and how the warrant only applied to Damayanti, yet investigators also attempted to search the offices of parliamentarians Yudi Widiana Adia (PKS) and Budi Supriyanto (Golkar Party) from Commission V in DPR.

The altercation took place in front of the press and immediately attracted public attention throughout the week after a video of the incident was uploaded online. KPK soon clarified that they have acted according to procedures. Yuyuk Andrianti, KPK Chief of PR, affirmed that there was no procedural violation during the search and that the officers presented an investigation order and a search warrant for the General Secretariat and the Legal Bureau of DPR.

The commotion seemed to have been blown out of proportion. Search of premises is a perfectly normal procedure for KPK to piece together evidence of corruption. During a search, KPK also abide by the Code of Criminal Procedures (KUHAP) which states that safety measures are allowed for maintaining security and order during a search procedure.

This incident became a problem when KPK was accompanied with fully equipped Brimob policemen, complete with their long-barrel firearms. Why did the Police order Brimob to carry assault weapons during a search and seizure at DPR – arguable a place with minimum risk of violence? It's normal for KPK to request support from Brimob during a search, seizure and arrest of corruption suspects. Indeed, other less intimidating units would have been sufficient to offer protection, such as the Sabhara public security unit, the police intelligence unit, or the detectives unit.

On the other hand, Fahri's objection to the search was also out of place. As a member of DPR, he should have coordinated with DPR's General Secretariat and Law Bureau that have permitted fully-armed Brimob officers to enter DPR buildings to secure the search and seizure. The controversy only highlighted a gap of perception between DPR members and leaders about standard procedures of law enforcement search and seizure at their premises.

Nonetheless, it's interesting to observe Fahri's position in this commotion. Did he object the search in his capacity as Deputy Speaker of DPR or in solidarity (esprit de corps) for his party comrades from PKS faction, whose quarters were the object of KPK's operation? If he protested as a leader of the parliament, was it among his duty and function in the parliament's internal affairs?

In addition, KPK investigators have no obligation to produce their investigation order and search warrant to Fahri, as they are only obliged to show these papers to the General Secretariat, Legal Bureau and DPR members whose quarters are being searched.

Indonesia Corruption Watch perceives DPR as a political entity that is actively seeking support to proceed with their proposed revision of the KPK Law. Up to this point, their campaign in this regard is constantly facing public resistance that understands how the revision will cripple KPK in its crusade against corruption. Was Fahri's commotion merely another attempt by DPR to find rationale and rally support for their campaign?***

WEEKLY SUMMARY

• Five must-have criterion of an Ombudsman commissioner - www.antikorupsi.org/ZpG

• Ignoring AGO summons, Novanto seen to be humiliating himself - www.antikorupsi.org/ZpN

• KPK arrest of DWP could push PDI-P to intensify support for KPK Law revision - www.antikorupsi.org/Zpx

• Abuse of power worsen in legislative body - www.antikorupsi.org/Zpf

• KPK must observe prudence in sting operations - www.antikorupsi.org/Zp3

• After DPR member arrest, new KPK bosses have not answer public skepticism - www.antikorupsi.org/ZpJ

• Special Report: Waiting for a breakthrough from KPK vol. IV - www.antikorupsi.org/Zpo

UPDATE STATUS

14 January

• After being a fugitive for a long period, a corruption suspect of the 2012 medical equipment and family planning procurement at Kraton General Hospital in Pekalongan was apprehended and immediately interrogated by the Provincial Attorney.

• Former Mayor of Parepare, Sjamsu Alam, was charged with two years prison sentence in an alleged corruption of the Local Legislative Housing Allowance.

• Former Regent of North Aceh, Ilyas A Hamid, was sent to six years in prison after being found guilty in corruption of loans in the amount of IDR 7.5b during the 2009 fiscal year.

• Police detectives unit (Bareskrim) arrested Fadilla Ratna Dumilla Mallarangan, Director of Embung Fatimah General Hospital in Batam, in an alleged corruption of medical equipment and family planning procurement in 2011.

January 15

• KPK officially named Damayanti Wisnu Putranti as a suspect for receiving bribes for a road construction project in Ambon.

• East Nusa Tenggara Provincial Attorney General (Kejari NTT) investigators arrested Slamet Maryoto, suspect of port construction corruption in East Flores and Alor who had been a fugitive for 5 months.

January 18

• KPK postponed arrest of Zulkarnain Malarangeng alias Choel, a suspect of corruption in Hambalang sports training and education center construction project.

• State Attorney General of Lamongan in East Java arrested two former councilmen from Lamongan City Council (DPRD). Jimmy Hariano, former Chair of Commission A, and Sulaiman, former Chair of Commission D, as well as Muniroh, a business partner, in a corruption of their 2012 official travel budgets.

• KPK questioned two business partners of Damayanti Wisnu Putranti as witnesses in an alleged bribery for the legislator to influence 2016 projects at the Public Works and Public Housing Ministry (PUPR).

• State Prosecutors from North Maluku Provincial Attorney General arrested three suspects in an alleged misappropriation of 2014 operational budgets for agricultural trainers, as well as money laundering in the amount of Rp 3.1b.

• The first pre-trial session appealed by Pelindo II Executive Director, Richard Joost Lino, to challenge KPK on his status as suspect took place at the court.

• A corruption case dossier of the 2012 fiscal year credit scam at the State-Owned Sub-District Credit Agency (PD BKK) in West Tegal was submitted to the court.

January 19

• KPK questioned the Provincial Secretary of Banten, Ranta Soeharta, in an alleged bribery for the ratification of Banten's 2016 budget which incorporates establishment of the Regional Bank of Banten.

January 20

• Case dossiers of the alleged 2013 KONI grant fund corruption in Yogyakarta Municipality was handed over to research prosecutors.

• Three suspects in the alleged corruption of the 2012 construction project of Dr Soetrasno General Hospital treatment building in Rembang Regency had their first hearing at Semarang Corruption Court.

• Chair of the Golkar Party local branch in Salatiga, Agung Setiyono, was arrested by Salatiga State Attorney General for an alleged corruption of political party grant fund (banpol) for his office during 2009-2014, causing a state loss of Rp 130m in the process.