Indonesian Military (TNI) Commander Gen. Gatot Nurmantyo (right) and Chairman of the Corruption Eradication Commission (KPK) Agus Rahardjo speaks at a press conference about the corruption case surrounding the purchase of an Agusta Westland (AW) helicopter 101 at the KPK building, Jakarta, Friday (26/5). Three suspects from the military have been named in connection with the case, namely First Air Marshall Fachri Adamy, Lt. Col. WW and Warrant Officer SS. The alleged corruption is suspected of caused estimated state losses of Rp220 billion.
JAKARTA, KOMPAS — There are suspicions of corruption occurring in the procurement of an Agusta Westland 101 helicopter for the Air Force. High- and medium-ranking officers have been declared suspects in the case. A “koneksitas court” or a joint civilian-military court panel has been proposed to probe the case.
Indonesian Military (TNI) commander Gen. Gatot Nurmantyo on Friday (26/5) visited the Corruption Eradication Commission (KPK) to announce the preliminary results of the investigation into the helicopter graft case. Gatot, who was accompanied by KPK chairman Agus Raharjo, said President Joko Widodo had ordered him to investigate the graft case thoroughly.
So far, the KPK and TNI have agreed to resolve the case at a civilian court for any individuals involved and at a military court for the TNI members.
“We have agreed on the military court for TNI members and the corruption court for the civilians,” Agus said.
A Former KPK commissioner and criminal law expert at the University of Indonesia, Indriyanto Seno Aji, said a “koneksitas court” or a joint civilian and military court panel, could be used to settle graft cases involving military personnel. “It could be used. But it will take time,” Indriyanto said.
Indonesia Corruption Watch researcher, Emerson Yuntho, said a graft case centering on the satellite monitoring procurement the Naval Security Agency (Bakamla) was an opportunity for the KPK to move to settling graft cases through a "koneksitas court". But the plan was dropped.
With the AW 101 helicopter graft case, the chance to settle graft cases through a joint civilian-military court panel was made possible. Moreover, there is a precedent.
One of them is the case involving the procurement of four M-17 Army helicopters. The case went to trial in 2007 through a joint civilian military court panel of the Attorney General’s Office and the TNI. During the trial, one judge was from the military.
“This demonstrates how such a system could be used to solve this case,” Emerson said.
Investigation
The Military Police has declared three suspects. The first suspect is First Air Marshal FA, who was the officer who had the authority to make the commitment of procurement at the Air Force.
The second suspect was Lt. Col. WW who was responsible for the financial affairs and Assistant Second Lt SS who allegedly channeled the money.
“This is a preliminary result. We will continue investigating this case,” Gatot said.
The suspects were announced following the questioning of six witnesses from the TNI and seven civilians.
Agus Rahardjo, the KPK and TNI raided four locations a few days ago. One of the locations that was raided was the office of PT Diratama Jaya Mandiri whose bank account of Rp 139 billion had been blocked.
From the investigation of the Military Police, KPK and the Financial Transaction Reports and Analysis Center (PPATK), state losses reached Rp 220 billion.
The joint investigation of TNI and KPK started in early 2017 and has increased in intensity over the last three months. The initiative is from the TNI who received orders from President Joko Widodo. The investigation was started by the Air Force to discover if the helicopter was suitable for search and rescue missions and carrying troops.
Insubordination
Air Force chief of staff Air Marshal Hadi Tjahjanto said that after an investigation it was revealed that the AW 101 helicopter did not match with the specifications required by the Air Force. Hadi said the AW 101 helicopter, which arrived in Indonesia early this year had not become part of the Air Force’s operational inventory. “Until now, we have not received the AW 101 helicopter as an operational piece of equipment he said.
The result of the Air Force investigation was used as preliminary information for the TNI investigation. Later it was found that the graft case allegedly involved many individuals. Then, TNI worked together with Supreme Audit Agency, the National Police, PPATK and KPK.
Gatot said that aside from corruption, there are other factors that could render the suspects guilty under military law, such as insubordination. Gatot explained the insubordination in chronological order.
During a limited meeting at the end of 2015, he said that the President had ordered the cancellation of the purchase of the AW 101 helicopter, which was intended for transportation of VVIP due to limited state budget. Besides, the procurement of weaponry such as the AW 101 helicopter should be made under government-to-government cooperation not involving the private sector.
On April 12, 2016, Cabinet Secretary Pramono Anung sent a letter to the Air Force chief of staff emphasizing that the procurement of Air Force weaponry must follow the Defense Industry Law. An article in the law stipulates that the purchase of weaponry from overseas can only be made if such weaponry is not produced domestically.
However, on July 29, 2016, the Air Force and PT Diratama Jaya Mandiri signed a contract for the purchase of AW 101 helicopter. This time it was intended to be used as a troop carrier not to transport VVIP. On Sept. 14, 2016, the TNI commander sent a letter to the Air Force chief of staff regarding the cancellation of the purchase of AW 101 helicopter.
“I explained all this to the President. When the President asked, I told him state losses were around Rp 150 billion. The President estimated it was more than Rp 200 billion. I was told to hunt it down,” Gatot said.
And then, on Dec. 29, 2016, the TNI commander issued an order for investigation. The Air Force investigation concluded on Feb. 24, 2017, which highlighted the alleged corruption and conspiracy. The Air Force has consulted with PPATK and KPK regarding the findings. “The investigation of the Military Police and KPK keeps tracking the flow of the funds. I hope the TNI personnel would be cooperative,” Gatot added.
