JAKARTA, KOMPAS – The Corruption Eradication Commission (KPK) announced it suspects that the bribe given by businessman Basuki Hariman to Constitutional Court judge Patrialis Akbar was motivated by the desire to control beef imports. Basuki is said to be part of a beef import cartel that sells beef at high prices.
KPK deputy chairman Laode M. Syarif said on Tuesday (31/1) in Jakarta that the indications suggesting that Basuki was part of such a cartel emerged from the discovery of 28 ministry and directorate general stamps in his office. Investigators also found stamps resembling those of international organizations, including halal labels from beef exporting countries. Those stamps were confiscated by the KPK.
When asked about the stamps, Basuki claimed he knew nothing about them. He also refused to respond when questioned about giving money to Patrialis.
Basuki is alleged to have given bribes to Patrialis worth US$20,000 (Rp 267 million) and S$200,000 (Rp 1.9 billion) to influence a judicial review ruling on the law on animal husbandry and animal health that was being carried out by the Constitutional Court. The KPK has named four suspects in the case, namely Patrialis, Basuki, Kamaludin (as an intermediary) and Fenny (one of Basuki\'s employees).
According to Laode, the KPK suspected Basuki bribed Patrialis so that the zone-based system for beef imports would no longer be allowed. Therefore, Perum Bulog would no longer be able to import beef from countries that are not 100 percent free from foot and mouth disease.
“They, Basuki’s people, want to monopolize (beef imports). The imports done by Bulog are competition for them and so they are not able to sell at a higher price. That is why they asked for (a judicial review ruling) so that Bulog will not be allowed to import from countries that are not 100 percent clean,” Laode said.
Patrialis removal
Meanwhile, the Constitutional Court as of this moment has not yet recommended Patrialis be removed from his position even though he has already resigned. The court had planned to send a recommendation for Patrialis’ removal to President Joko Widodo after the Constitutional Court ethics council has finished working.
“The ruling of the ethics council will be the basis of the Constitutional Court for sending a recommendation letter for the removal of Patrialis Akbar. After that, we will send a letter to ask the President to fill the judge position left vacant by Patrialis,” he said.
Former Supreme Court chief justice Bagir Manan voiced a similar opinion. “Even though Patrialis has resigned, the Constitutional Court ethics council needs to determine the status of his removal, whether he is stepping down with honor or with dishonor instead,” Bagir said. This status will have an effect on the financial rights of Patrialis when he no longer a judge, such as pension funds and other things.
Up to now, the Constitutional Court ethics council has not been formed because all of its members have not been chosen. The court is still waiting for the Judicial Commission to delegate a representative to sit on the council.
The Constitutional Court itself has named four people to the ethics council. They are Anwar Usman (Constitutional Court deputy chief), Bagir Manan, Achmad Sodiki (former Constitutional Court judge) and Said As’ad Ali (a community leader).
Separately, Coordinating Political, Law and Security Affairs Minister Wiranto said when interviewed at Istana Bogor that the repeated cases of corruption within the Constitutional Court indicated a problem in the selection process. In October 2013, the KPK also arrested Akil Mochtar, the Constitutional Court chief justice at the time. The government has vowed to improve the selection process for Constitutional Court judges to ensure better transparency and openness.
He said the Constitutional Court must be filled with competent figures who have integrity given the importance of the court’s position in the national legal structure, since its rulings are final and binding.
“The people must know who sits there and what their backgrounds are. Therefore, the person cannot just come out of nowhere,” he said.
(REK/GAL/OSA/INA/NDY)