SUMMARY:

On the evening of Wednesday, Feb. 11, two of the witnesses called by the KPK to testify in pre-trial proceedings related to Budi Gunawan’s at the South Jakarta District Court announced that they would not take the stand the following day after reportedly receiving death threats and a variety of intimidation. Both witnesses are KPK investigators looking into allegations of bribery against Budi.

Following this revelation, Jimly Asshidiqie of the so-called “Team of Nine” – formed by Jokowi to provide policy options for resolving the current conflict between the two law enforcement bodies – met with the KPK for a briefing on the threats and pledged to discuss the matter with the President. Later that evening, Cabinet Secretary Andi Widjajanto confirmed that President Joko “Jokowi” Widodo had been informed about the threats against the KPK staff. He said Jokowi had also ordered “firm steps” to be taken against the threats, but declined to clarify further.

Also on the evening of Wednesday, Feb. 11, the national Judicial Commission conveyed its concern for the safety and well-being of presiding judge Sarpin Rizaldi, and the effects of psychological pressure might have on his ability to remain impartial and fair in ruling on the motion to dismiss the charges against Budi Gunawan. National daily Republika reported that the Judicial Commission would be providing special security and protective services for Sarpin.

On the morning of Thursday, Feb. 12, the South Jakarta District Court continued proceedings related to the pre-trial motion filed by National Police chief-nominee Budi Gunawan to challenge the legality of his status as a bribery suspect. Whereas the previous two days had been allocated for Budi’s legal team to present evidence and witness testimony, Thursday marked the first day for the Corruption Eradication Commission (KPK) legal team to present its defense. However, given the developments over Wednesday evening, only one out of three scheduled witnesses appeared in court. The Indonesian Witness Protection Agency told Tempo it had offered protection to the KPK’s witnesses, but refused to confirm whether that protection had in fact been accepted. Budi Gunawan’s lawyers doubted the alleged threats, and accused the KPK of engineering the situation to create greater public sympathy.

On Thursday, Feb. 12, House of Representatives (DPR) Speaker Setya Novanto told domestic media he would coordinate with the National Police to look into the matter to identify the individuals behind the threats.

KEY DEVELOPMENTS:

Tuesday, Feb. 10 – South Jakarta District Court continues hearings on Budi Gunawan’s pre-trial motion

Tuesday, Feb. 10 – KPK Corruption Prevention Director Johan Budi and former KPK commissioner Chandra Hamzah reported to police

Tuesday, Feb. 10 – Former Religious Affairs minister Suryadharma dodges KPK summons

Tuesday, Feb. 10 – PDI-P’s Hasto testifies at South Jakarta District Court in hearing on Budi Gunawan’s pre-trial motion

Wednesday, Feb. 11 – KPK hosts Anti-Corruption Film Festival (ACFFest)

Wednesday, Feb. 11 – National Police Commission (Kompolnas) submits list of six names to Jokowi for alternative National Police chief-nominee.

Wednesday, Feb. 11 – KPK reveals threats against its staff, witnesses

Thursday, Feb. 12 – Legal team for KPK presents witness, evidence in Budi Gunawan’s pre-trial hearings

IMPLICATIONS:

The developments over the previous 24 hours have highlighted the critical nature of the ongoing conflict between the KPK and the National Police. Threats against the lives and safety of any public official – particularly those tasked with investigating corruption – must be thoroughly and impartially investigated, with severe legal consequences for the perpetrators.

Former Deputy Law and Human Rights minister Denny Indrayana told domestic media that prior to being reported to the police for defamation, he was approached by police officer who warned him not to criticize Budi Gunawan. His statement provides a further indication that the timing of investigations into KPK commissioners and anti-graft activists is part of a coordinated effort some have dubbed “corruptors strike back”.

At Wednesday’s (Feb. 11) Anti-Corruption Film Festival, international graft-fighting expert Tony Kwok praised the KPK for its dedication, professionalism, independence and bravery in handling high-profile cases. He said that maintaining staff morale was crucial to overcoming the current situation, and encouraged the KPK to keep up its current struggle against entrenched corruption.

Public sentiment grows increasingly impatient with President Jokowi’s perceived indecision on a course of action to resolve the conflict. Since his return from a five-day ASEAN tour on Tuesday, Feb. 10, Jokowi has yet to fulfill his earlier pledge to take concrete action. Media reports indicate that Jokowi continues to weigh a number of options to navigate between public pressure and his political backers.

Amid the flurry of activity over the last day, the National Police Commission submitted two additional names to Jokowi as potential alternatives to Budi Gunawan as the next leader of the national police force. These additional candidates, Suhardi Alius of the National Police’s National Resilience Institute and Anang Iskandar of the National Narcotics Agency, join Badrodin Haiti, Budi Waseso, Dwi Priyatno, and Putut Eko Bayuseno for a total of six potential replacements for the embattled Budi Gunawan. The consideration of alternative candidates is a positive development in resolving the current tension; however, the ultimate quality of outcome relies on the selection of a nominee with integrity and a commitment to justice and the rule of law.

COMMISSIONERS’ LEGAL STATUS UPDATE

Abraham Samad – complaint filed with police, under investigation

Adnan Pandu Praja – complaint filed with police, under investigation

Bambang Widjojanto – charged as a suspect

Zulkarnain – complaint filed with police, under investigation

Information as of 5:30 p.m. WIB, February 12, 2015