Corruption Eradication Commission (KPK) chairman Agus Rahardjo (center, wearing cap) and other KPK leaders (from left), Saut Situmorang, Laode M Syarif, Basaria Panjaitan and Alexander Marwata, listen attentively during a hearing Tuesday (12/9) with Commission III of the House of Representatives (DPR) at the legislative complex in Senayan, Jakarta. The hearing was the continuation of a meeting held the previous day.
JAKARTA, KOMPAS – The Corruption Eradication Commission (KPK) and House of Representatives Speaker Setya Novanto are engaged in a duel in connection with the electronic identity (e-ID) card case. This tactical battle is evident in Novanto’s scheduled questioning and his request for a pretrial hearing.
The KPK wants Novanto to be questioned immediately as a suspect in the e-ID case. However, Novanto wants to be questioned only after the South Jakarta District Court delivers a decision on his pretrial hearing. Novanto’s wish is being supported by his fellow House speakers, through a letter they have sent to the KPK leadership.
The KPK typically detains an individual after they have been questioned as a suspect.
The case of former Regional Representatives Council (DPD) chairman Irman Gusman is an example of a similar tactical battle. On Nov. 2, 2016, a South Jakarta District Court judge rejected Irman’s request for a pretrial hearing, because his status had been changed to defendant in the KPK case. This happened because by the time Irman made the request, the KPK had already transferred his case file to the court.
An earlier showdown took place when the House Special Inquiry Committee on the KPK was formed. The idea of forming the committee emerged when the KPK refused a request from House Commission III to release its recordings of the questioning of former Hanura Party politician Miryam S Haryani in connection with the e-ID corruption case. The commission members wanted to ascertain Miryam’s claims that she had been pressured by some of its members to provide false testimony.
Strategy
With regard to Novanto’s first pretrial hearing, set for Tuesday (12/9) at the South Jakarta District Court, the KPK asked for the hearing to be postponed to Sept. 21, as the anti-graft body still needed to prepare several documents.
However, Novanto, represented by lawyers Ketut Mulya Arsana, Agus Trianto, Amrul Khair Rusin and Ida Jaka Mulyana, asked the judge of the hearing, Cepi Iskandar, to allow a postponement of no longer than three days. The judge later decided that the next hearing would be held on Sept. 20.
KPK legal head Setiadi said that postponing the pretrial hearing was part of the KPK’s strategy. “Lawyers must have certain tricks and [cards] to win a battle. One of the tricks is postponement,” he said.
KPK deputy chairman Saut Situmorang believes that the pretrial hearing will rule in favor of the anti-graft body, which has strong reasons, foundation and evidence to name him a suspect.
Before next week’s pretrial hearing, Saut said, the KPK would resummon Novanto to its questioning, as the House speaker did not attend the original questioning on Monday because of apparent ill health.
However, the letter from House speakers, which was submitted yesterday to the KPK by House leadership head Hani Tahapary, requested a temporarily halt of the investigation into Novanto because the pretrial hearing was still ongoing.
The letter referred to the request for a pretrial hearing by high-ranking National Police official Gen. Budi Gunawan in a previous KPK case. At that time, the KPK temporarily stopped its investigation into the Budi case because of an ongoing pretrial hearing at the South Jakarta District Court.
KPK spokesperson Febri Diansyah said that the decisions it made during a case was based on Criminal Code procedures, the Corruption Law and the KPK Law. “In it, there is no stipulation that requires (the KPK) to stop investigating a case because of an ongoing pretrial hearing,” he said.
Regarding the matter of Novanto’s health, the KPK is considering asking for a second opinion from the Indonesian Doctors Association. The KPK has taken this approach before, when they were about to detain Gen. Rusdiharjo over an extortion case that occurred during his posting as Indonesian Ambassador to Malaysia.
Continuing
Even though 14 of the 19 inquiry committee members attended Commission III’s meeting with the KPK on two consecutive days, Monday and Tuesday, the committee still plans to summon the KPK.
Many of the questions asked at the meeting also related to the things the inquiry committee will be looking into. The KPK and Commission III will meet again next Wednesday.
“The meeting between Commission III and the KPK is part of evaluating the state institutions that partner with the commission,” said Arteria Dahlan, a member of both Commission III and the inquiry committee.
The inquiry committee will summon the KPK next week, and plans to summon every department in the KPK. “The KPK should attend, because the purpose of this committee is to ensure that the work of the KPK will be better in the future,” said Commission III member John Kenedy Aziz, who is also an inquiry committee member.
KPK deputy chairman Laode M Syarif said that the KPK would not be able to fulfill the inquiry committee’s summons. “The meeting with the commission has to be attended, but if the inquiry committee comes calling, we cannot attend,” he said.
This is because the KPK is still waiting for a decision by the Constitutional Court on the judicial review of articles in Law No. 17/2014 on Legislative Institutions that regulates the House’s right to inquiry, with regard to the validity of the inquiry committee’s establishment.
