Information as of 5:30 p.m. WIB, February 3, 2015

SUMMARY:

The evening of Monday, Feb. 2, led to a number of important revelations in the current stand-off between the Corruption Eradication Commission (KPK) and the National Police. Johan Budi, head of the KPK’s Corruption Prevention division, explained that the legal team representing National Police Chief nominee Budi Gunawan made a number of late revisions to its pre-trial motion, including additional accusations against the KPK. The court adjourned for one week, with proceedings to resume on Monday, Feb. 9. Legal experts hold that the Criminal Code prohibits pre-trial challenges of an individual’s status as a suspect.

KPK Chair Abraham Samad reversed his earlier position, and admitted to meeting with a number of PDI-P party officials before the presidential campaign in a media appearance on Monday evening. Abraham Samad denied allegations he had offered leniency on PDI-P graft suspects in exchange for favorable consideration as a vice presidential candidate. The KPK maintains that internal procedures, including collective commissioner decision-making, would prevent any such influence.

On Monday, Fredrich Yuandi, legal counsel for Budi Gunawan, told media that his client would not answer a second summons for questioning, slated for Friday, Feb. 6, and challenged KPK to arrest him by force. Fredrich claimed that a number of KPK investigators in charge of his client’s case were illegitimate, and that the National Police had the sole authority to determine the legitimacy of investigative power. He also alluded to an imminent Police decision that would declare the three remaining Commissioners suspects. If claims that the KPK lacks the authority to summon police personnel or to appoint its own independent investigators are accepted, it would set a dangerous precedent that would significantly weaken the popular anti-graft body.

On Monday evening, the KPK detained Democrat politician Sutan Bhatoegana on bribery charges stemming from a multi-million dollar oil project. This is the KPK’s first major arrest since the stand-off with the police began more than a week ago, indicating that the anti-graft agency continues to push ahead.

Jokowi received a delegation of House of Representatives speakers and deputy speakers at the Presidential Palace on Monday. Cabinet Secretary Andi Widjajanto (no relation to KPK Vice Chair Bambang Widjojanto) told media House leaders would support any course of action set by the President. Jokowi also met with former National Intelligence Agency (BIN) chief Hendropriyono on the morning of Tuesday, Feb. 03, to discuss the current crisis between law enforcement agencies, followed by lunch with military and intelligence top brass, but has to date refrained from decisively engaging in the conflict.

On Tuesday, KPK Vice Chair Bambang Widjojanto submitted to a second round of questioning at National Police headquarters regarding allegations he encouraged witnesses to commit perjury in an election dispute. Despite a number of clerical errors on his summons letter, Bambang appeared for questioning.

KEY DEVELOPMENTS:

Monday, Feb. 2 –  South Jakarta District Court postpones hearing on Budi’s pre-trial motion

Monday, Feb. 2 –  President Jokowi meets with House leadership

Monday, Feb. 2 –  KPK Chair Abraham Samad reverses earlier position, admits to meeting with PDI-P politicians

Monday, Feb. 2 –  Fredrich Yuandi, legal counsel for Budi Gunawan, tells media the naming of remaining three KPK commissioners is imminent

Monday, Feb. 2 –  KPK detains former Democrat representative Sutan Bhatoegana in oil case

Monday, Feb. 2 –  Police generals skip KPK questioning in Budi case, including Revindo Taufik Gunawan Siahaan (North Sumatra), Budi Hartono Untung (National Police) and Triyono (Bogor Police)

Tuesday, Feb. 3 – KPK Vice Chair Bambang Widjojanto (BW) questioned at police HQ

IMPLICATIONS:

The continued legitimation of Budi Gunawan’s pre-trial motion, serves as a mechanism for the sides to plan their next steps. Technically, the motion should have been dismissed outright and has delayed progress in the investigation of the facts of the case.

The refusal of three police generals – Revindo Taufik Gunawan Siahaan (North Sumatra), Budi Hartono Untung (National Police) and Triyono (Bogor Police) – to submit to KPK questioning on Monday, Feb. 2, has further hampered the investigation into Budi Gunawan.

Public support for the KPK in the current crises has been somewhat less enthusiastic than in the 2009 stand-off. KPK Chair Abraham Samad’s reversal on Monday evening will probably not increase the show of support among anti-graft activists.

A police move to detain any of the other commissioners may lead to a rallying of KPK supporters, by highlighting the existential nature of the institutional conflict at hand, as opposed to current characterizations of the situation as a personal power struggle between Abraham Samad and Budi Gunawan. In accordance with KPK procedures, an ethical enquiry should look into the Chair's alleged actions.

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

Correction: The KPK has only issued one summons to Budi Gunawan. Yesterday’s edition mistakenly noted he had been summoned twice.  A second official summons is expected to be released on Friday, Feb. 6.

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