KPK to Identify Witnesses in EJFS vs ADI Bribery Case
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Kompas/Alif Ichwan
South Jakarta District Court substitute court clerk Tarmizi (right) leaves the Corruption Eradication Commission (KPK) headquarters in South Jakarta wearing a KPK prisoner’s vest after undergoing questioning on Wednesday (23/8). Tarmizi was questioned by KPK investigators in relation to a bribe he allegedly accepted to influence the verdict of a civil dispute case in the South Jakarta District Court.
JAKARTA, KOMPAS – The Corruption Eradication Commission (KPK) has said that it will question parties related to its investigation into the South Jakarta District Court’s civil case involving plaintiff Eastern Jason Fabrication Services Pte Ltd (EJFS) and defendant PT Aquamarine Divindo Inspection (ADI). The district court ruled in favor of the defendant as represented by lawyer Akhmad Zaini, who was recently arrested for bribing court clerk Tarmizi.
The KPK believes that the arrests of Tarmizi and Akhmad are linked to the civil suit. “Parties relevant to the case will be questioned as witnesses. As the indication of bribery is related to the civil case at the South Jakarta District Court, those parties with knowledge of the trial process will be questioned,” KPK spokesman Febri Diansyah said in Jakarta on Wednesday (23/8/2017).
Three judges, Djoko Indiarto, Agus Widodo and Sudjarwanto, presided over the civil lawsuit EJFS filed against ADI for breach of contract.
EJFS sued ADI for breach of contract and demanded ADI to pay US$7.6 million and S$131,000 in damages. ADI reportedly tried to escape the demands for compensation by asking Tarmizi, a substitute court clerk assigned to the case, for help.
For his services, Tarmizi initially asked for a fee of Rp 750 million (US$56,175.60). A fee of Rp 400 million was later agreed to, and that it would be delivered by bank transfer to the account of Teddy Junaedi, a South Jakarta District Court cleaning service staffer.
Data from the South Jakarta District Court’s online case information system (SIPP) showed that the ruling on the case was delayed several times. A trial schedule uploaded to the court’s SIPP showed that a ruling should have been read out on July 5, but was cancelled when the ruling was deemed incomplete.
Another date for the ruling was set for July 19, but this was also cancelled, as the judicial panel had yet to deliberate the final ruling. Two subsequent dates were set for August 3 and August 16, but these were also cancelled. The ruling was finally read out on August 21.
“The ruling was read out on the afternoon of August 21. [The judges] rejected the plaintiff’s lawsuit,” said court spokesman Made Sutrisna.
Needs time
The KPK has named three suspects in the case so far: Akhmad, Tarmizi and ADI president director Yunus Nafik. KPK chief Agus Rahardjo said the possible involvement of the judges was also being investigated.
He added that some time would be required to uncover any involvement of the judges in the bribery case.
Agus noted the ongoing bribery case of North Jakarta District Court official Rohadi, which the KPK was still investigating. “Hopefully, this case will be used as grounds for improvement of the judicial management system by our colleagues at the MA [the Supreme Court], especially on how to monitor judges and court officials,” he said.
MA chief Hatta Ali said that he rejected the idea that the Supreme Court had a poor case management system. He said bribery and corruption occurred because there were MA officials who refused to obey court rules and procedures.
Hatta said that the MA had responded positively to the arrests of corrupt court officials, and that the court had worked continuously in coordination with the KPK in order to cleanse judicial bodies.
“There is ongoing monitoring, but we have limited resources. The KPK has tapping equipment and we don’t, so we need to work together with the KPK,” he said.
MA deputy chief of judiciary affairs M Syarifuddin added that 10 employees from the MA Monitoring Body were currently being trained by the KPK to monitor judges. “If we harbor any suspicions of particular people, we will send these 10 persons with KPK training to go undercover,” he said.
