DPR speaker Setya Novanto fought back against the KPK, which renamed him a suspect in the e-ID corruption case.
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Kompas/Alif Ichwan
Corruption Eradication Commission (KPK) deputy chairman Saut Situmorang (right) and KPK spokesman Febri Diansyah leave a room after a press conference regarding new suspects in the e-ID procurement project case at the KPK building in Jakarta on Friday (10/11). The KPK officially renamed Setya Novanto a suspect in the case.
JAKARTA, KOMPAS — House of Representatives (DPR) Speaker Setya Novanto fought back against the Corruption Eradication Commission (KPK), which renamed him a suspect in the e-ID corruption case. In response to the KPK\'s step, Novanto\'s lawyer reported KPK leadership to the police.
Novanto was announced again as a suspect in the e-ID corruption case by KPK Deputy Chairman Saut Situmorang, Friday (10/11) at the KPK building, Jakarta.
Previously, the KPK named Novanto a suspect in the case on July 17. However, Novanto proposed a pretrial and on Sept. 29, the South Jakarta District Court decided that the KPK\'s step was not valid.
The South Jakarta District Court\'s verdict was used by Sandy Kurniawan, an advocate of the Yunadi & Associates law firm, as the foundation to report KPK chairman Agus Rahardjo and Saut Situmorang to the National Police\'s Criminal Investigation Department (Bareskrim) on Oct. 9. The report was carried out because there was a letter ordering a travel ban, proposed by the KPK to the Law and Human Rights Ministry, against Novanto on Oct. 2, 2017.
Four days later, after the KPK issued a notification letter to open an investigation (SPDP) against Novanto on Nov. 3; Bareskrim also issued an SPDP against Agus and Saut.
President\'s instruction
With regard to the SPDP issued by Bareskrim against Agus and Saut, President Joko Widodo, yesterday, instructed to stop the investigation against the KPK chairman if no evidence and facts were found. "I said, stop it if there is something like that [there is no evidence and facts]," the President said.
National Police chief Gen. (Pol.) Tito Karnavian ordered all Bareskrim investigators to pay attention to the instruction of the President. “The President is the supreme commander of the National Police. Of course, his instruction, as long as it is not against the legal regulations, has to be carefully watched by the National Police ranks," Tito said.
Before raising the status of the case, which was allegedly carried out by Agus and Saut from inquiry to investigation, Bareskrim had asked for information from eight people, including Sandy Kurniawan, who reported the case, and Setya Novanto, as witnesses.
The National Police also asked for information from a criminal law professor of Padjadjaran University, Bandung, Romli Atmasasmita; law lecturer of the University of Indonesia, Eva Achjani Zulfa; and rector of Muhammadiyah University Jakarta Syaiful Bakhri. Margarito Kamis, an administration law expert, and D. Murniah, a language expert were also questioned. From the information compiled, Bareskrim concluded there might have been criminal violations by Agus and Saut.
However, Tito ordered Bareskrim to gather information from other witnesses and experts to see if there were other opinions.
KPK spokesman Febri Diansyah said the travel ban against Novanto, which was proposed on Oct. 2, was carried out to Anang Sugiana as a suspect. Therefore, the verdict of the South Jakarta District Court, which revoked status of Novanto as a suspect, did not affect the KPK\'s step to propose the extension of the travel ban against Novanto because the ban was carried out in connection with Novanto\'s capacity as a witness.
Separately, a member of Commission III of the DPR from the United Development Party Faction, Arsul Sani, said that the National Police had to pay attention to the content of articles 50 and 51 of the Criminal Code (KUHP) in processing the report on the alleged violation against Agus and Saut. The two articles emphasize that the executors of the law and order of office cannot be punished.
"If there is any report of criminal allegation, the police have to receive and process it. However, in connection with the report on the two leadership elements of the KPK, the process should not be further processed if the police see articles 50 and 51 of the KUHP,” he said.
According to Arsul, when proposing an extension of the travel ban against Novanto, the KPK leadership meets the elements of Article 50 and 51 of KUHP. "So they cannot be punished," he said.
This happens because Article 12 paragraph 1 Letter b of Law No. 30 of 2002 on KPK states that the KPK has the authority to order related institutions to ban someone from traveling abroad.
Meanwhile, a verdict of the Constitutional Court (MK) under No. 64/PUU-IX/2011 also strengthens the authority of the KPK to authorize institutions to ban someone in the inquiry, investigation and prosecution. In the law on the KPK, it does not regulate that someone who is imposed with the travel ban has to have a status of suspect.
Report again
Responding to the naming of Novanto as a suspect by the KPK, Novanto\'s lawyer, Fredrich Yunadi, said he would report the KPK leadership to Bareskrim. The report is related to the allegation of misuse of the authority carried out by KPK leadership in renaming Novanto a suspect.
According to Fredrich, the KPK\'s step, which names his client a suspect again, does not abide by the verdict of the South Jakarta District Court, which revoked the suspect status of his client.
Fredrich also said he received the SPDP from the police in connection with their report against Agus and Saut. He has not got the SPDP dated Nov. 3 from the KPK.
However, Saut emphasized that the KPK had handed over the SPDP, which was widely circulated on Nov. 6, to Novanto. The SPDP was sent to the residence of Novanto in the Wijaya area, Kebayoran Baru, South Jakarta, on Nov. 3. ”It is the fulfillment of the right of the suspect,” said Saut.
He also said that the renaming of Novanto as a suspect was carried out through a new investigation process carried out by a team from the KPK. "After the investigation, there was adequate initial evidence. The KPK leadership, examiners, investigators and public prosecutors conducted a gelar perkara (case process). After that, the KPK issued a sprindik (order to start an investigation) dated Oct. 31 in the name of a suspect, SN. The questioning of the witnesses had also been carried out on a number of people, consisting of DPR members, the private sector, and officials and members of ministries," Saut said.
He added that the naming of Novanto as a suspect again was based on an assessment of the verdict of the South Jakarta District Court on Sept. 29, on the pretrial proposal by Novanto.
