SUMMARY:

Late in the afternoon of Tuesday, Feb. 24, inactive Corruption Eradication Commission (KPK) Vice Chair Bambang Widjojanto told media that he had rescheduled his questioning at National Police headquarters for Friday, Feb. 27. Earlier in the day, Bambang and his legal team arrived at the National Police headquarters in response to a summons for questioning – in connection to allegations he facilitated an act of perjury in a 2009 local election dispute as it was argued at the Constitutional Court. However, once at the police compound, Bambang refused to submit to what would have been a third round of questioning as a suspect, and instead delivered letters seeking clarification on a number of aspects related to his case. National Police Detectives Division Chief Budi Waseso responded on Feb. 25, affirming that the police would provide written clarification to Bambang’s questions, but remained ambiguous on the timeline.

In the early evening of Tuesday, Feb. 24, Budi Santoso of the Ombudsman’s Office (ORI) told media that his office had found evidence of irregularities and procedural problems with the initial arrest of inactive KPK Vice Chair Bambang Widjojanto. He indicated that the speed at which the National Police revived the case against Bambang suggested that it had been given an unequal priority in light of the overall caseload it was processing, and that specific police personnel failing to follow proper procedures and for exceeding their authority The full ORI report is slated to be released on Friday, Feb. 27.

On Tuesday, Feb. 24, Bengkulu Police Chief M. Ghufron confirmed that the investigation into former police officer and KPK investigator Novel Baswedan, had been handed over to the National Police. Following a statement by the National Police spokesman that the AGO had already declared his dossier “complete” speculation abounded that he may be detained in connection to alleged abuses committed by officers under his command in a 2004 larceny case.

On Wednesday, Feb. 25, interim KPK Chair Taufiqurrahman Ruki said there was little the anti-graft body could do to prevent graft suspects from filing pre-trial motions for dismissal. He also announced that the KPK would temporarily hold its investigations into any case currently under pre-trial review. He argued that the move was designed to respect the judicial process, and that the KPK must set an example for others in its respect for the law. In addition to former Religious Affairs minister Suryadharma Ali, former Bangkalan Regional Representatives Council (DPRD) speaker Fuad Amin Imron, and Sabu Raijua regent Marthen Dira Tome have also filed pre-trial motions challenging their statuses as corruption suspects. Legal experts have begun describing the trend set in motion by Budi Gunawan’s hearings as the “Sarpin effect”, after the South Jakarta District Court judge who appears to have opened a sizeable legal loophole that graft suspects are now attempting to capitalize upon. Supreme Court spokesman Suhadi said that the “Sarpin effect” may have positive effects, particularly in speeding up the handling of the case against Suryadharma Ali, who was named a suspect nine months ago.

Following the revelation on Tuesday, Feb. 24 that interim KPK Commissioner Indriyanto Seno Adjie is currently undergoing treatment for cancer, interim KPK Chair Ruki took the opportunity to quash rumors that Indriyanto would resign from the KPK only weeks after being appointed to fill a vacancy in the anti-graft body’s leadership.

On Wednesday, Feb. 25, the Judicial Commission summoned members of the Civil Society Coalition – including representatives from the Indonesia Legal Roundtable (ILR), the Center for the Study of Law and Policy (PSHK), the Foundation of the Indonesian Legal Aid Institute (YLBHI), and Indonesia Corruption Watch (ICW) – to provide additional comments on their complaint against Sarpin Rizaldi. During the meeting, coalition members provided additional evidence of alleged ethical violations. Judicial Commission member Eman Suparman said that Sarpin could be dismissed from his position as a result of its ongoing investigation, but any decisions would be based on an evaluation of the evidence. The Judicial Commission, which is conducting a joint inquiry with the Supreme Court, said that it hoped to conclude its examination of Sarpin by the end of February, and publicize any punitive or disciplinary action needed in early March.

KEY DEVELOPMENTS:

Monday, Feb. 23 – Judicial Commission launches inquiry into Sarpin Rizaldi of South Jakarta District Court

Tuesday, Feb. 24 – Suspended KPK Commissioners Abraham Samad and Bambang Widjojanto answer police summons

Tuesday, Feb. 24 – The Perppu on the appointment temporary KPK commissioners is published

Tuesday, Feb. 24 – ORI indicates ethical violations in the arrest Bambang Widjojanto

Tuesday, Feb. 24 – Information emerges that interim KPK commissioner Indriyanto Seno Adjie is undergoing cancer treatment

Wednesday, Feb. 25 – Interim KPK Chair Taufiqurrahman announces the KPK will temporary halt investigations into cases under pre-trial review

Wednesday, Feb. 25 – Judicial Commission receives additional evidence from Civil Society Coalition in its review of Sarpin, and notes stiff sanctions, including dismissal, may be handed down

IMPLICATIONS:

The statement by the ORI’s Budi Santoso indicates that the full report, to be released at the end of the week, will be highly critical of the National Police’s pursuit of the now inactive KPK commissioner. Although the current situation has been described as a “conflict” between the KPK and the National Police, this is the first indication that the KPK may be gathering political support to level the playing field against what has otherwise been a one-way assault on the popular anti-graft institution. The timing of the release of this report is likely to affect whether Bambang continues to cooperate in the investigation into cases he handled as a lawyer half a decade ago, or whether he takes a more adversarial stance.

Developments continue to indicate that the National Police are intent on prosecuting Novel Baswedan for a decade-old case, in which he was only secondarily involved as a supervisor, in retaliation for his cooperation with the KPK on the high-profile case against National Police general Djoko Susilo.

Taufiqurrahman Ruki’s statements to media today (Feb. 25) regarding pre-trial motions are deeply disheartening. The combination of an outspoken and permissive attitude toward the filing of such motions calls unnecessary attention to the loophole created by judge Sarpin of the South Jakarta District Court. More damaging, however, is his statement that investigations will be placed on temporary hold until pre-trial proceedings reach their ultimate conclusion – a statement that potentially hands over the fate of high-profile corruption cases to a court whose even and accurate application of the law is questionable at best.

The Judicial Commission’s willingness to accept additional evidence of Sarpin’s possible wrongdoing, and its indication that permanent dismissal from his post as a judge was a possibility, are welcome signs that its investigation is proceeding with the gravity and seriousness required by the situation.

Information as of 5:30 p.m. WIB, February 25, 2015