Supporters of the Anti-Corruption Civil Society Coalition stage a peaceful protest in Sarinah, Jakarta, Sunday (1/10). The “Indonesia in Mourning” rally protested the ruling of the sole judge of the South Jakarta District Court pretrial hearing, which annulled Setya Novanto’s suspect status in the e-ID graft case.
People have taken to social media to express their disappointment over the ruling by judge Cepi Iskandar, who revoked Setya Novanto’s suspect status.
Condemnation, criticism and reproach in the form of satires and memes have been found throughout social media outlets after South Jakarta District Court judge Cepi Iskandar ruled that Novanto’s suspect status was invalid. With the ruling, Novanto’s suspect status has become null and void.
The Corruption Eradication Commission (KPK) declared Novanto a suspect in the high-profile e-ID graft case on July 17, 2017. That status was revoked on Friday, Sept. 29, 2017. That means Novanto’s suspect status was effective for only 77 days.
Being a suspect was the highest legal status slapped on Novanto. Novanto has been mentioned often in various corruption cases, including the Bank Bali case (1999) and the National Games or PON case (2012). But he has escaped justice so far. Because he has repeatedly escaped justice, it is normal for the public to see Novanto as a “strong man”. He once lost his position as House Speaker, but he managed to get it back. Instead, Energy and Mineral Resources Minister Sudirman Said, who had reported Novanto to the House’s Ethics Council in the Freeport case, lost his ministerial seat.
The revocation of Novanto’s suspect status does not mean that his actions as reported by the KPK are also invalid. The pretrial hearing only examines the procedure of determining someone as suspect. Judge Cepi said the decision to name someone a suspect must be made at the end of an investigation in a bid to avoid violating the person’s human rights.
Judge Cepi is free to take his own considerations. Theoretically, the judiciary is independent. Yet, we do not know if there was backroom deal. The court ruling must be respected. However, such respect does not mean closing the public’s space to assess or to examine the judge’s ruling. For example, the obligation for KPK investigators to find new evidence beyond that already used against other defendants in the same case. If Cepi’s consideration is accepted, it will make eradicating corruption more difficult.
After the pretrial ruling was handed down, the ball is now in the KPK’s court. Will it declare Novanto a suspect again, as in the case of Makassar Mayor Ilham Arief Sirajuddin, or accept the ruling as in the case of Comr. Gen. Budi Gunawan?
This is a test of the KPK’s credibility. If the KPK believes its evidence is solid, reinstating Novanto as a suspect is a must. Yet, the principle of caution or prudence must be a priority.
Technically, Novanto’s suspect status has been formally revoked. In reality, however, his moral, social and political legitimacy as well as the public’s trust in him have dropped, and that could impact his party.
