SUMMARY:

On Thursday, March 26, lawyers for former deputy Law and Human Rights minister Denny Indrayana claimed that the National Police’s handling of their client’s case contained a number of administrative violations. The police, who charged Denny as a corruption suspect a day earlier, allegedly skipped the preliminary inquiry into the former deputy minister and jumped directly into a full-blown investigation, despite clear articles in the Criminal Law Procedures Code (KUHAP) and standard police procedures. Denny’s lawyers also claimed that the police had violated Denny’s rights against self-incrimination by questioning him first as a witness in the case, only to later use that testimony to charge him as a suspect. Denny has maintained that the online payment gateway instituted during his tenure at the Law and Human Rights Ministry to handle passport applications was a bureaucratic breakthrough, and the police’s attempt to link him to corruption is a form of reprisal for his steadfast support of the KPK. Indonesia Corruption Watch (ICW) plans to conduct a legal review of the case, along with the cases against inactive Corruption Eradication Commission (KPK) Chair Abraham Samad and inactive KPK Vice Chair Bambang Widjojanto.

On Thursday, March 26, the executive director of the Institute for Criminal Justice Reform (ICJR), Supriyadi W. Eddyono, called on President Joko “Jokowi” Widodo to summon acting National Police chief Badrodin Haiti and National Police Detectives Unit Director Budi Waseso for their disregard of his instruction to end the criminalization of the KPK and its supporters. Supriyadi encouraged the President to apply stiff sanctions for insubordination, leading to the dismissal of both police generals, if necessary. The director of the Foundation of the Indonesian Legal Aid Institute (YLBHI), Doni Ardianto, said the police’s behavior was more clearly defiant now than at any time in the last decade, and continued insubordination threatened the legitimacy of Jokowi’s leadership.

Procedural grumblings continue in the House of Representatives (DPR) regarding President Jokowi’s decision to replace police general Budi Gunawan with police general Badrodin Haiti as the nominee for the country’s next chief of police. On Thursday, March 26, Deputy Speaker Fadli Zon (Gerindra – West Java 5), said the letter of explanation the President issued on Feb. 18 lacked sufficient detail to explain his decision to withdraw support for Budi Gunawan, especially considering the police general had already undergone a “fit and proper test” at the DPR. The DPR’s Consultative Council (Badan Musyawarah) is expected to return the President’s letter and request additional details before setting a schedule for Badrodin Haiti’s confirmation hearings. On Thursday, March 26, daily newspaper Tempo published aninfographic highlighting the number of delays in Badrodin Haiti’s path to confirmation as top cop, as compared to the fast-track treatment enjoyed by Budi Gunawan.

KEY DEVELOPMENTS:

Friday, March 20 – KPK signs MoU with several ministries to examine corruption in natural resources sector

Friday, March 20 – Police indicate Denny Indrayana to be charged imminently

Monday, March 23 – Sutan Bhatoegana’s pre-trial hearing opens, adjourned until April 6

Monday, March 23 – House of Representatives returns from recess

Monday, March 23 – Fuad Amin Imron admits to receiving payments from PT MKS in gas deal

Tuesday, March 24 – KPK questions Fuad Amin Imron as suspect

Tuesday, March 24 – Sumedang District Court strikes down pre-trial motion in goat scam

Wednesday, March 25 – Denny Indrayana charged as corruption suspect

IMPLICATIONS:

Claims from Denny Indrayana’s legal counsel today further add to the perception that his case was handled with extraordinary efficiency, resources and urgency for his support of the KPK rather than the gravity of the evidence. President Jokowi’s tolerance of Budi Waseso’s continued aggressive pursuit of anti-corruption supporters has from the beginning been questioned broadly in the public realm, amid calls for action from civil society. Despite indications of numerous administrative violations, Denny has repeatedly stated his willingness to face the legal process as a way of restoring his good name. His first questioning as a suspect tomorrow is expected to provide an insight into how the rest of the case may develop.

It remains clear that elements within the DPR continue to support police general Budi Gunawan and are willing to use administrative issues as leverage against the President. However, these elements are unlikely to take the issue beyond a rhetorical point and the confirmation of Haiti is expected to proceed, despite the delays.

Information as of 5:30 p.m. WIB, March 26, 2015