SUMMARY:

On Monday, April 20, the House of Representatives’ (DPR) Commission III – which overseas law, human rights and security affairs – convened hearings to discuss the Presidential decree in lieu of regulation (Perppu) used to appoint interim Corruption Eradication Commission (KPK) commissioners Taufiqurrahman Ruki, Indriyanto Seno Adji, and Johan Budi to fill vacancies in the ant-graft body’s leadership. A Perppu is designed as a temporary legal instrument to address an emergency situation, and takes immediate effect; however, it must be approved by the DPR in order to have permanent legal authority. The 10 party factions represented in today’s Commission III hearing supported the Perppu in principle, but identified a number of issues for further discussion at a working meeting slated to be held at 7:30 p.m. on Tuesday, April 21, and follow-on discussions throughout Wednesday and Thursday. A final plenary vote is expected to be held on Friday, April 25 – the final day in the current legislative session before the DPR goes into recess from April 28-May 15.

Starting his first full work week as the National Police chief, Badrodin Haiti assembled the police force’s top brass on Monday, April 20, including a number of regional police chiefs via teleconference, to lay out his vision for the future and his top priority programs, including stamping out radicalism and repairing relations with other law enforcement agencies. The new police chief also spoke to the necessity for unity among police officers and the prevention of internal rifts, as well as the importance of turning away from corrupt practices of the past and focusing instead of public service. Haiti also confirmed that a deputy police chief would be selected this week to fill the seat left vacant by his promotion. Budi Gunawan, who has been tapped as the front runner for the deputy chief position, appeared at today’s assembly after staying out of public view for a number of days. He was closely guarded by a number of police personnel who kept Indonesian journalists at bay as he slipped out a side door and into a waiting vehicle.  Speaking on the sidelines of the assembly, National Police spokesman Anton Charliyan said that Budi Gunawan was still in the running for the position, and that his previous status as a corruption suspect in no way affected his chances as the case had been dismissed.

Speaking at the same event, police spokesman Anton Charliyan said he would encourage National Police Detective Division (BARESKRIM) to accelerate its investigation into allegations of perjury against inactive KPK Vice Chair Bambang Widjojanto, prompting speculation that the popular graft-fighter would be imminently detained. Bambang has called for his case to be processed openly and transparently, and suggested that Haiti, as the new police chief, should meet with other law enforcement agencies to discussnext steps in the case.

On Monday, April 20, proceedings got underway at the South Jakarta District Court to hear the pre-trial motion filed by former minister and corruption suspect Jero Wacik failed against the KPK. Wacik’s lawyer, Hinca Panjaitan, said that the KPK had committed a number of violations in charging her client, but clarified that Wacik was only seeking justice and would not follow in the footsteps of former Pertamina director Suroso Atmo Martoyo or former DPR energy committee chair Sutan Bhatoegana in seeking damages from the KPK. Lawyers for the anti-graft agency flatly denied any wrongdoing and maintained that its investigation had been conducted in keeping with the law. Presiding judge Sihar Purba said Tuesday and Wednesday would be allotted for the plaintiff (Jero Wacik) to present witness and expert testimony, while the defendant (KPK) would be given Thursday and Friday for the same purposes. The court is expected to reach a verdict on Monday, April 27.

The trial of Antonius Bambang Djatmiko, the PT Media Karya Sentosa (MKS) employee accused of bribing former Bangkalan Regional Representatives Council (DPRD) speaker Fuad Amin Imron for access to a lucrative gas trading contract, concluded at the Jakarta Corruption Court (TIPIKOR) on Monday, April 20. The panel of judges found Antonius guilty of paying Rp 15.5 billion in bribes to the former East Java official, and sentenced him to two years in prison. Antonius was also ordered to pay a fine of Rp 100 million or spend an additional two months behind bars. The sentence was lighter than the three-year term sought by KPK prosecutors. The KPK has charged Fuad Amin Imron with corruption and said previously that his case would be brought to trial soon.

KEY DEVELOPMENTS:

Thursday, April 16 – DPR confirms Badrodin Haiti as National Police chief

Thursday, April 16 – KPK questions PDI-P politician and businessman nabbed in raid

Friday, April 17 – Badrodin Haiti inaugurated as National Police chief

Monday, April 20 – Badrodin Haiti convenes assembly of National Police top brass to convey new vision

Monday, April 20 – South Jakarta District Court starts hearings of Jero Wacik’s pre-trial motion

Monday, April 20 – Jakarta TIPIKOR sentences businessman to two years in prison for bribing Fuad Imron Amin

IMPLICATIONS:

Today’s meeting of the DPR’s Commission III was a fairly straightforward affair, with little substantial opposition to the Perppu used to fill the urgent vacancies in the KPK’s leadership. This comes as a relief, especially in light of the DPR’s rejection of the 2009 Perppu signed by then president Susilo Bambang Yudhoyono to fill the vacancies left by the implication of Chandra Hamza, Bibit Samad Rianto and Antasari in criminal investigations. However, circumstances were much different in the 2009 case, as Chandra and Bibit had already been cleared of criminal charges, and Antasari had been sentenced to prison. Some grumblings were heard during the Commission III session regarding the selection process that led to the current situation, arguing that greater care should be taken in picking leaders for the KPK. However, it is worth remembering that 16 of the 57 members on Commission III – including political heavyweights such as chairman Azis Syamsuddin, vice chair Aboe Bakar, Ruhut Poltak Sitompul, and Trimedya Panjaitan – served on the same commission in 2009 when the current KPK commissioners were selected.

In his concluding remarks, Azis Syamsuddin outlined his vision for the timeline leading up to the selection of the new batch of commissioners for the next five-year term, including “fit and proper” tests in July and an inauguration ceremony ahead of Indonesian Independence Day on Aug. 17. Confirming the implications of his timeline, Azis said there was no reason to wait until the current KPK commissioner’s terms concluded in December, and that it was no problem to accelerate the swearing in of the next cohort. It is worth noting that such a timeline would presume several steps beyond the control of legislature to be completed. It is unlikely this will actually happen.

It is difficult to ascertain whether today’s statements from police spokesman Anton Charliyan should be viewed with optimism that inactive KPK Vice Chair Bambang Widjojanto’s case may finally be handled fairly, or whether his statements reflect a troubling disconnect between the new chief of police and his subordinate staff. Anton was recently promoted to the position within the police’s public affairs office after having served for several years under the division run by Budi Gunawan, and so his delivery of the message takes on symbolic value. The timing of the statement certainly muddies the waters amid comments from Haiti about building stronger relationships with other law enforcement agencies.

Jero Wacik’s challenge may be the last remaining pre-trial motion on the docket at the South Jakarta District Court for the time being, but it still represents a serious issue for the KPK. Although the KPK has won the last few pre-trial motions, and the so-called “Sarpin effect” looks to have been a one-time occurrence, a win for Jero Wacik could raise new challenges to the anti-graft body’s authority. Though today’s arguments were somewhat predictable, sessions throughout Tuesday and Wednesday of this week may explore new legal territory as the former minister attempts to duck the corruption charges he currently faces. How the KPK responds in the courtroom will be of critical importance.

Anti-Corruption Daily Digest: Update 2015-4-20 5:30 p.m. WIB