KPK Makes First Arrests Under New Law

ANTARA FOTO/RENO ESNIR

Sidoarjo Regent Saiful Ilah (center) walks as he arrives at the KPK building in Jakarta, Wednesday (8/1/2020). Saiful Ilah along with several other people was caught red-handed by KPK for alleged bribery related to the procurement of goods and services.

JAKARTA, KOMPAS — The Corruption Eradication Commission (KPK) arrested two state officials separately, namely East Java’s Sidoarjo regent, Saiful Ilah, on Tuesday (7/1/2020), and a member of the General Elections Commission (KPU), Wahyu Setiawan, on Wednesday (8/1/2020). The arrests were the first since the KPK Law underwent revision and since the KPK took on new leadership.

Saiful Ilah was arrested for alleged bribes related to the procurement of infrastructure projects in Sidoarjo. In Saiful’s case, on Wednesday night, the KPK had named six suspects. Saiful, as well as three officials from the Sidoarjo regency administration, namely Sunarti Setyaningsih, Judi Tetrahastoto and Sanadjihitu, were suspected of accepting bribes, while two private parties were suspected of giving bribes, namely Ibnu Ghopur and Totok Sumedi.

Regarding Wahyu\'s arrest, as of around 11 p.m. last night, KPK investigators were still questioning Wahyu and three other people. The KPK has not yet announced the case that has implicated Wahyu.

Further investigation

The arrest took place amid public skepticism over the performance of the KPK following the revision of the KPK Law and the fact that approval from a supervisory council was now required to conduct wiretapping, searches and confiscation.

KPK deputy chairman Alexander Marwata explained last night that both cases were a continuation of an investigation that began in 2019. For the alleged bribery case of Sidoarjo Regent Saiful Ilah, the investigation began in November 2019. Meanwhile, the investigation into the case of KPU member Wahyu Setiawan began in December 2019.

KOMPAS/BAHANA PATRIA GUPTA

Students stage  a rally in support for the KPK a day after Sidoarjo Regent Saiful Ilah was caught red-handed by KPK in Sidoarjo, Wednesday (8/1/2020). Saiful Ilah was arrested by the KPK for alleged bribery related to the procurement of goods and services in the Sidoarjo regency administration. After undergoing examination for six hours at the East Java Regional Police, Saiful Illah was flown to Jakarta.

At that time, the KPK supervisory council had not yet been formed. Article 69 D of Law No. 19/2019 states, "Before the supervisory council is formed, the implementation of the duties and authority of the Corruption Eradication Commission were carried out based on the provisions before this law was amended." Therefore, this process still refers to the old law, Law No. 30/2002. Those arrests have not been through the bureaucratic procedure of the supervisory council.

However, there is Article 70 C in the Law No. 19/2019 which reads, "At the time this law is in force, all acts of search, investigation and prosecution of criminal acts of corruption whose legal process has not been completed must be based on the provisions as stipulated in this law. “Given to such situation, civil society groups consider the arrests made by the KPK vulnerable to being sued.

"That is people’s right if they want to sue. We are ready to face it," said Marwata.

Based on information from sources, there was an argument over whether the signing of the warrant would be made by the KPK leaders or should be handed over to the deputy for enforcement.

On the other hand, this time the signing of the investigation warrant also took time. In the new KPK Law there is no clause stating that the KPK leaders serve as investigator, public prosecutor and person in charge. Based on information from sources, there was an argument over whether the signing of the warrant would be made by the KPK leaders or should be handed over to the deputy for enforcement.

"Eventually, it was the KPK leader who signed the document. Even though it [the stipulation] is not explicit, the KPK leaders remain the ones that have highest responsibility," said Marwata.

Separate arrest

Saiful was arrested at his office in Sidoarjo on Tuesday evening. The total amount of money confiscated from this activity reached Rp 1.81 billion, seized from a number of parties.

In August-September 2019, several of Ibnu’s companies won a number of projects with a value of Rp 13.4 billion, Rp 17.5 billion and Rp 5.5 billion.

Meanwhile, Wahyu was arrested at Soekarno-Hatta Airport, in Tangerang, Banten, before he was to depart for Bangka Belitung for work

KOMPAS/BAHANA PATRIA GUPTA

A room in the Sidoarjo Regency Administration Office is sealed by the KPK after Sidoarjo Regent Saiful Ilah was caught red-handed by the KPK the night before in Sidoarjo, Wednesday (8/1/2020). Saiful Ilah was arrested by the KPK for alleged bribery related to the procurement of goods and services in the Sidoarjo Regency Administration. After undergoing examination for six hours at the East Java Regional Police, Saiful Illah was flown to Jakarta.

The KPU is scheduled today to hold a press conference related to Wahyu\'s arrest.

In 2005, KPU member Mulyana W. Kusumah was jailed for bribery related to the procurement of ballot boxes. KPU logistics bureau head Richard M. Purba was also involved in the case. (IAN/SHR/AGE/NIK/GAL)