SUMMARY:

On Monday, Feb. 9, PDI-P Secretary-General Hasto Kristiyanto testified before the Corruption Eradication Commission (KPK) Internal Monitoring Unit regarding his allegations against KPK Chair Abraham Samad. Hasto has alleged that Samad lobbied senior PDI-P officials for the nomination as Jokowi’s running mate during the 2014 presidential election.

Also on Monday, Feb 9, the House of Representatives (DPR) released its legislative agenda for 2015. Included as a top priority were amendments to the KPK Law, the Corruption Court Law and the Criminal Code (KUHP). Although legislators have said that they aim to codify, among other things, succession mechanisms for commissioners and methods for eliminating inter-agency conflicts with other law enforcement bodies, anti-graft activists warn that any attempt to revise the legal framework could be used as an opportunity to undermine the KPK’s authority. ICW released a report in 2013 outlining how political interest groups have worked to weaken the KPK and its authority.

On Tuesday, Feb. 10, the South Jakarta District Court reconvened to continue arguments related to Budi Gunawan’s pre-trial motion regarding his status as a suspect in a corruption case. Budi’s legal team argued on Monday that his position chief of the police’s career-building bureau was not a public post, and therefore the case did not constitute corruption. His lawyers also argued that charges against him were politically motivated and constituted an abuse of power. KPK’s legal team noted that by its nature, the collegial decision-making process in use at the anti-graft agency minimized political motives, and that the Criminal Code clearly stated a suspect’s status could not be challenged in pre-trial proceedings.

In the early morning of Tuesday, Feb. 10 President Joko “Jokowi” Widodo returned from a five-day ASEAN tour. Based on his statements to the media last week, Jokowi is expected to announce a position on the current conflict. The KPK’s Johan Budi expressed hope to Kompas that he expected Jokowi would make a good decision to resolve the situation. The timing for the President’s statement remains unclear.

KEY DEVELOPMENTS:

Saturday, Feb. 6 – KPK names Jero Wacik suspect in graft case related to term as Tourism minister

Monday, Feb. 9 – KPK questions M. Noer Alya as witness against former Religious Affairs minister Suryadharma Ali in haj graft case.

Monday, Feb. 9 – Hearings begin at South Jakarta District Court to consider Budi Gunawan’s pre-trial motion

Monday, Feb. 9 – PDI-P Secretary-General Hasto Kristiyanto testifies before KPK Internal Monitoring Unit

Monday, Feb. 9 – DPR releases 2015 legislative agenda, highlighting revisions to key anti-corruption legislation

Tuesday, Feb. 10 – South Jakarta District Court continues hearings on Budi Gunawan’s pre-trial motion

IMPLICATIONS:

The KPK Internal Monitoring Unit will conduct an initial review of alleged ethics violations leveled at Abraham Samad. If the Internal Monitoring Unit finds sufficient evidence, it can recommend the establishment of an independent ethics commission, which has previously been effective at investigating these types of concerns. The institution’s willingness to address the issue head-on shows that existing regulations and mechanisms are healthy and functioning, and that the institution is taking the allegations seriously. However, activists are concerned that should an ethics committee be formed and apply sanctions against Abraham Samad, it could have a domino effect on the other commissioners, and play into attempts to question the integrity of the KPK’s top leadership.

Civil society is certain to monitor the legislative effort to revise the KPK Law, and any related legislation, in order to prevent a significant weakening of the anti-graft agency’s authority. Similar efforts in previous years have been stopped in the face of overwhelming public support for the KPK.

The arguments put forth by Budi Gunawan’s legal team are twofold. First, the pre-trial motion argues that in light of Busyro Muqoddas’ forced retirement, the KPK did not follow its own collective decision-making procedures in declaring Budi a suspect, and therefore the decision was invalid. Legal analysts have pointed out that this line of argumentation is based on a misinterpretation of the relevant articles of the KPK law. Furthermore, procedural arguments of this nature are the domain of the State Administrative Court (PTUN), not the criminal court. Second, the pre-trial motion argues against the merits of the charges leveled at Budi. If the motion is granted, the KPK would likely appeal to the Supreme Court. However, in the unlikely event the motion is upheld at the appellate level, the implications would be far-reaching. In the immediate term, charges would be dropped against Budi Gunawan, and the KPK might need to file separate charges with a new legal justification based on the Criminal Code. In the long term, if this case establishes a new precedent, it would not only hamper the ability of the KPK but also every law enforcement agency in the country to conduct investigations into criminal behavior. Suspects would be able to file similar motions to stop important investigations in their infancy. It is likely for this very reason that the Criminal Code explicitly states a suspect cannot challenge their status in pre-trial proceedings.

Sources close to the president say that Jokowi will forward new nominees for National Police chief to the House of Representatives (DPR) for confirmation. Speculation abounds regarding who will receive the nomination, and a number of the National Police’s top brass have been posturing over the last week in hopes of receiving a presidential nod. The same source said Jokowi is expected to issue a Presidential Decree in Lieu of Regulation (Perppu) to appoint a replacement for KPK Vice Chair Bambang Widjojanto, who has been named a suspect in an ongoing criminal investigation. Based on the precedent set by former president Susilo Bambang Yudhoyono, a temporary commissioner would likely be appointed until legal proceedings in Bambang Widjojanto's case reached a conclusion.

COMMISSIONERS’ LEGAL STATUS UPDATE

Abraham Samad – complaint filed with police, under investigation

Adnan Pandu Praja – complaint filed with police, under investigation

Bambang Widjojanto – charged as a suspect

Zulkarnain – complaint filed with police, under investigation

Information as of 5:30 p.m. WIB, February 10, 2015