Anti-Corruption Weekly Digest: Update 2015-5-29
Key Developments and Insights from the Week of May 25-29, 2015
THIS WEEK IN REVIEW
Summary:
On May 25, the Attorney General, H.M Prasetyo promised to order the payment of substitute money to be executed soon. Cases that still have not paid the substitute money include: BLBI case, involving former Commissioner of Harapan Bank, Sentosa Hendra Rahardja, with arrears amounting to IDR 1.95 trillion; former Director of Bank Umum Sertivia, David Nusa Widjaya with arrears amounting to IDR 1.2 trillion; and former Director of Asian Development Bank, Lee Darmawan, with arrears amounting to IDR 85 billion.
In relation to the process to appoint new KPK’s commissioners, President Joko “Jokowi” Widodo guaranteed that the Selection Committee members are free from personal interest and cannot be inffluenced by any party.
The defamation charge against ICW was filed by Romli to Bareskrim (The National Police’s Criminal Investigation Agency). ICW urged Romli Tamasasmita to apologise for his accusation posted on social media which stated that ICW received funds from KPK. If Romli fails to comply with this request, ICW will take a legal action.
On May 26, lawyers of the Polri (Indonesia Police) failed to attend the pre-trial hearing filed by KPK’s investigator, Novel Baswedan.
The investigation of inactive KPK’s Vice Chair, Bambang Widjojanto, is completed. In 2010, in the Constitutional Court, Bambang was charged with allegedly encouraging a witness to commit perjury during a pilkada (regional election) dispute in West Kotawaringin.
Inactive Riau Governor, Annas Maamum, is finally sentenced with six years of imprisonment and was fined a penalty of IDR 250 million. He was charged in several corruption cases: among others is bribery in forestry conversion permit at the Ministry of Forestry in Riau Province.
The South Jakarta District Court Judge granted a pre-trial motion that was filed by former Chairman of the Audit Board of the Republic of Indonesia (BPK), Hadi Poernomo. In his verdict, the judge stipulated that the process of naming the plaintiff is illegitimate.
On May 27, Former Deputy Minister of Law and Human Rights, Denny Indrayana, gave a statement related to a corruption allegation against him. He stated that he did not try to personally benefit the e-passport system: his intention was solely to improve the public service. Bareskrim will review the case before it completes its investigation of the case.
KPK argued that the judge has exceeded his authority in his ruling over Hadi Poernomo’s pre-trial motion. In the verdict, the judge questioned the legality of KPK’s investigators.
President Joko “jokowi” Widodo encouraged the Central and the Regional Governments to implement the Presidential Instruction (Inpres) Number 7/2015 on Corruption Prevention in Licensing and Goods/Services Procurements.
On May 28, the Attorney General Office’s investigators are looking for a new suspect, after fist naming the comedian, Mandra Naih, as a suspect. Mandra is involved in a corruption case in the procurement of a broadcast package for the national television channel (TVRI) in 2012. The value of the project is IDR 47.8 billion.
KPK requested the Judicial Commission to set a limitation of authority for pre-trial. This limitation can be based on law, jurisprudence, and professional ethics. This measurement is needed in order to avoid different interpretation from judges that can result in different verdicts.
Key Developments:
May 25: The General Attorney, HM Prasatyo, promised to order the execution of substitute money payments.
May 26: The first pre-trial hearing with Novel Baswedan as the plaintiff was held.
May 26: Investigation of Bambang Widjojanto, inactive KPK’s Vice Chief, is completed.
May 26: The Judge of South Jakarta District Court granted all motions from former Chairman of the BPK, Hadi Poernomo.
Implications:
Investigation in Bambang Widjojanto case is completed and it creates some impacts. The first impact is that the case will now be transferred to the Attorney General Office. The second impact is that Bambang’s status will be changed into a defendant. The third impact is that the chance to file for pre-trial motion is no longer possible.
Unlike Bambang Widjojanto, Novel Baswedan executed his right to file for pre-trial motion. As we know, Novel has filed for two separate pre-trial motions. The first motion is related to his arrestment and detention. The second one is related to his status as suspect. If the judge grants his motions, his status as suspect will automatically be dismissed and the investigation conducted by The National Police’s Criminal Investigation Agency (Bareskrim), will be deemed as illegitimate.
It can be ascertained that Hadi Poernomo’s pre-trial motion win will have a negative impact on the KPK. The first impact is that investigations conducted by KPK will be seen as illegitimate acst since the investigators are now considered to have no authority to probe. This verdict has created a belief that the previous verdicts from the Supreme Court, which has handled 371 cases since 2004, are all incorrect. The third impact is that this verdict can be used as new evidence by convicted corruptors to apply for judicial review to the Supreme Court. The fourth impact is that the convicted corruptors could take legal action against KPK; as they positioned themselves as “victims.”
Sources:
Tipikor: “Jaksa Agung Janji Tuntaskan Tunggakan Uang Pengganti”
Kompas (print media, May 25)
Seleksi Calon Pimpinan KPK: “Pansel Jamin Tak Ada Intervensi”
Kompas (print media, May 25)
Slander Accusation: “Corruption Watchdog Fights Back Against Law Professor”
The Jakarta Post (print media, May 25)
“Polisi Tak Hadiri Sidang Perdana Praperadilan Novel”
Tempo (print media, May 26)
“Kasus Bambang Segera Disidangkan”
Media Indonesia (print media, May 26)
“Annas Maamun Dituntut 6 Tahun Penjara”
Kompas (print media, May 26)
“ICW Tegaskan Tak Pernah Terima Duit APBN, Minta Prof Romli Klarifikasi”
KPK Kalah Lagi, Praperadilan Hadi Poernomo Dikabulkan
Sindonews.com May 26
Praperadilan Hadi Poernomo: “KPK Melawan”
Tempo (print, May 27)
Inpres Antikorupsi: “Presiden Tak Ingin Lagi Ada Pungutan Liar”
Bisnis Indonesia (print media, May 27)
“Tersangka Baru Segera Ditetapkan”
Kompas (print media, May 28)
“KPK Anggap Perlu Ada Batasan bagi Hakim dalam Memutus Praperadilan”
BAGIKAN
