The investigators were at Setya Novanto’s home until 1 a.m. early Thursday morning. The KPK team had an arrest warrant for Novanto.
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Antara Foto/Akbar Nugroho Gumay
House of Representatives Speaker Setya Novanto (right) walks as fellow speakers Agus Hermanto (left) and Fahri Hamzah look on, after giving a speech in the House plenary meeting at the legislative complex in Senayan, Jakarta, on Wednesday. The purpose of the meeting was to attend the House speaker\'s speech, which marked the start of the meeting period.
JAKARTA, KOMPAS – Corruption Eradication Commission (KPK) investigators visited the Jakarta residence of House of Representatives Speaker and Golkar Party chairman Setya Novanto on Wednesday (15/11/2017) night. They were there to pick him up the after Novanto had evaded KPK summonses on several occasions for questioning related to the high-profile e-ID graft case.
The investigators were at Novanto’s home until 1 a.m. early Thursday morning. KPK spokesman Febri Diansyah said that the KPK team had an arrest warrant for Novanto. “We urge SN to surrender,” Febri said. “Being cooperative will be better,” he added.
Separately, House Commission III head Bambang Soesatyo from Golkar said that, although the KPK investigators had gone to Novanto’s house to take him away by force, Novanto, his legal team and the KPK should seek a more elegant solution.
The KPK’s move is proof that no one is immune from the law. In line with Article 28D, Point 1 of the 1945 Constitution, “Everyone has the right to fair recognition, assurance, protection and certainty, as well as equal treatment before the law.”
At least five KPK investigators were seen arriving at Novanto’s residence at 9:39 p.m. on Wednesday. They were accompanied by 25 personnel of the National Police’s Mobile Brigade.
Not long after, Novanto’s lawyer Fredrich Yunaid arrived at the house and went inside. He then came back out and walked to his car to retrieve a power of attorney. Novanto’s wife Deisti Astriani Tagor was seen at 10:27 p.m. sitting down in the living room and reading several sheets of paper.
Equal position
Separately, former Constitutional Court (MK) chief Mahfud said that all citizens were equal before the law. No one was immune from law. As a legislator, Novanto had legal immunity, but only within the scope of his official duties as a member of the legislature.
“If a person commits a crime, let alone corruption, that person has no legal immunity despite being a member of the House,” Mahfud said.
The KPK had scheduled to question Novanto as suspect on Wednesday. However, Novanto instead chose to lead a plenary session at the House in Senayan, Jakarta.
After the plenary session, Novanto immediately returned to his office under heavy escort by House security officers. Novanto then spent most of his time in his office. Apart from meeting with the House leadership, Novanto also met with Golkar secretary-general Idrus Marham, Golkar treasurer Robert J Kardinal, Golkar party affairs coordinator Kahar Muzakir and his lawyer Yunadi.
Apart from allegedly using legislative immunity and Presidential permission as excuses, Novanto also said that the KPK had previously refused to answer a summons from the House Special Inquiry Committee on the KPK by saying that it was awaiting the results of the Constitutional Court’s judicial review.
Idrus said that Yunadi had suggested Novanto not to fulfill to the KPK’s summons by using the same reason that the anti-graft body had used in relation to the House Inquiry Committee’s summons. “If the KPK’s stance was that it refused to answer the inquiry committee’s summons on the grounds of waiting for MK’s ruling, as Novanto’s lawyer, Fredrich Yunadi also suggested that he not respond to the KPK while waiting for the MK’s ruling,” Idrus said.
On Monday, Yunadi filed an application for judicial review on Articles 12 and 46 of Law No. 30/2002 on the KPK. Novanto refused to respond to the KPK’s summons as long as the judicial review was under way at the court.
Obey the law
Separately, President Joko “Jokowi” Widodo urged all relevant parties to obey the law, including in the e-ID graft investigation.
“Just read the laws, read them all. Follow the rules of the game, obey the law,” President Jokowi said in a press statement published by Presidential Secretariat deputy of press and media affairs Bey T Machmudin on Wednesday, after opening the 20th Congress of the Indonesian Nationalist Student Movement (GMNI) in Manado, North Sulawesi.
Meanwhile, the KPK proceeded without disruption. It has rejected Novanto’s and his lawyers’ excuse of legal immunity.
“In law enforcement, we have the responsibility to enforce the law fairly and equally for everyone. There should not be any impression that certain people are untouchable under legal immunity,” Febri said.
Since news spread of KPK investigators arriving at Novanto’s residence on Jl. Wijaya XIII No. 19, a number of Golkar politicians have been seen arriving at the house. These include House Commission III member Aziz Syamsuddin and People’s Consultative Assembly deputy speaker Mahyudin.
Mahyudin was seen entering Novanto’s residence. When he came out, Mahyudin said he had not heard Novanto’s wife speaking with the other people there. Mahyudin also said that he had tried to contact Novanto on his cell phone, but could not reach him. He added that Novanto’s aide said that Novanto was at the house at sundown. “When I arrived, he was no longer here. Surely the Golkar Party will defend our chairman and provide legal assistance. Just let the process run according to the law and professionally,” Mahyudin said.
House Ethics Council (MKD) deputy chairman Sarifuddin Sudding of the Hanura faction said that the MKD had deemed Novanto incapable of continuing his daily duties as House Speaker.
Suddin said the MKD would hold a plenary meeting on Thursday to discuss its response to developments involving Novanto in the e-ID graft case.
Suddin said that, in accordance with Law No. 17/2004 on the legislature, the authority to replace the House Speaker lay with the relevant House faction. This meant that Novanto’s replacement would depend on the Golkar Party’s internal mechanism, if Novanto had been deemed incapable of leading the House amid the legal case surrounding him.
However, Suddin continued, the MKD could also give recommendations concerning the position of House Speaker, as it had done when former House speaker Ade Komarudin was alleged to have violated the House’s Code of Ethics and recommended Ade’s dismissal.
