SUMMARY:

On Monday, April 20, South Sumatra Governor Alex Noerdin answered a summons by the Corruption Eradication Commission (KPK) in connection to the graft-ridden construction of the Southeast Asian (SEA) Games athletes' village in Jakabaring, South Sumatra. Former Democrat party treasurer Muhammad Nazaruddin alleged Alex had received kickbacks from the project – an allegation he flatly denied. The KPK has charged South Sumatra Public Works Agency head Rizal Abdullah as a suspect in the case, which is estimated to have caused Rp 25 billion in state losses.

On Tuesday, April 21, Neta S. Pane of Indonesia Police Watch (IPW) announced that Budi Gunawan had been selected by the Rank and Promotion Council for High-Ranking Officers (Wanjakti) as Indonesia’s next deputy chief of the National Police. Neta said that information obtained by IPW, unconfirmed as of this writing, showed that Gunawan had received unanimous support from the eight police generals who constitute Wanjakti. IPW urged the police to quickly publicize the decision and inaugurate Gunawan, who could help reform the police and build stronger ties with the House of Representatives (DPR). Police observer Bambang Widodo Umar has criticized Gunawan’s selection as a likely frontrunner, saying that a deputy police chief “must have high levels of moral integrity, and as a corollary, the person should not have any record of suspected corruption.”

On Tuesday, April 21, Victor Simanjuntak, the National Police’s director of Economic and Special Crimes told media that inactive KPK Vice Chair Bambang Widjojanto’s case file would be completed following his next questioning session, slated for Wednesday, April 22. Victor said that there were a few small details that needed further explanation from the anti-corruption official regarding his alleged role in coercing witnesses to commit perjury in a 2010 election dispute. Victor, who was recently promoted to the position from his previous duty within the unit headed by Budi Gunawan, said that no decision had been made as to whether Bambang would be detained following tomorrow’s questioning.

On Tuesday, April 21, the KPK hosted an event to promote women’s roles in the anti-corruption movement. Three of President Joko “Jokowi” Widodo’s cabinet ministers attended the event, namely Environment and Forestry Minister Siti Nurbaya, Social Affairs Minister Khofifah Indra Parawansa, and Coordinating Human Development and Culture Minister Puan Maharani. Speaking at the event, interim KPK Chair Taufiqurrahman Ruki encouraged women to get more involved in the fight against graft, and encouraged qualified female candidates to apply once the selection process for the next KPK commissioners begins.  Puan Maharani, the daughter of PDI-P chair Megawati Sukarnoputri, said thatwomen had a key role to play in fostering the development of integrity within their families through a “mental revolution”, a clear reference to President Jokowi’s earlier campaign slogan.

On Tuesday, April 21, the Judicial Commission announced it would once again summon South Jakarta District Court judge Sarpin Rizaldi to testify in its ongoing inquiry into allegations he committed ethical violations in his handling of police general Budi Gunawan’s pre-trial hearing in February. The commission’s Eman Suparman said Sarpin would be asked to testify on Tuesday, April 28. Since the launch of the inquiry in mid February, Sarpin has outspoken in his contempt for the commission and its work. He has refused to testify and has filed defamation cases against two of the judges on the panel reviewing his decision in Gunawan’s case, which dismissed the KPK’s charges of money laundering against the police general.

Responding to yesterday’s proposals by members of the House of Representatives’ (DPR) Commission III and Law and Human Rights Minister Yasonna Laloly to bring an early end to the current KPK commissioners’ terms, KPK Commissioner Zulkarnain made a statement on Tuesday, April 21 to remind politicians that the end the current term is slated for Dec. 16, not a day earlier. Zulkarnain went on to explain that the process used to select KPK commissioners is an extensive and detailed process that requires adequate time to ensure the quality of the individuals selected to lead the nation’s anti-graft agency. In light of the fact that the selection panel had not yet been formed – an extensive process in itself – he said it was unrealistic to expect the entire process to be completed by August or September as was suggested in the Commission III meeting on Monday, April 20. Zulkarnain also encouraged members of the DPR to approve the Presidential decree in lieu of regulation (Perppu) – which was used to appoint 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. Zulkarnain said that if the DPR rejected the Perppu –nullifying the appointment of the three interim commissioners – the remaining two commissioners would be overwhelmed by their duties.

Pre-trial hearings resumed at the South Jakarta District court on Tuesday, April 21, in the challenge lodged by former minister Jero Wacik against the corruption charges filed by the KPK. Lawyers for Jero Wacik introduced more than 20 documents as written evidence of their claims that the KPK investigation was flawed and the charges against their client should be dropped. Included in the evidence submitted today was a letter from the KPK to the General Elections Commission (KPU) regarding Jero Wacik’s suspension from his seat in the legislature. Lawyers for the KPK said the evidence was irrelevant to its investigation and it was a standard practice to notify the KPU as it had done in a number of other cases. On Wednesday, April 22, a total of four witnesses are expected to testify on behalf of Jero Wacik.

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

Monday, April 20 – KPK questions South Sumatra Governor Alex Noerdin on SEA Games athletes’ village

Tuesday, April 21 – KPK Commissioner Zulkarnain encourages DPR to support Perppu, and realism in selection timeline for next commissioners

Tuesday, April 21 – Indonesia Police Watch claims Budi Gunawan to be the next deputy police chief

IMPLICATIONS:

The KPK’s continued efforts to investigate allegations of corruption related to the construction of the SEA Games athletes’ village case is encouraging. Further still, its ability to convince witnesses to honor summons for questioning – a litmus test for its perceived power – continues to improve after reaching a particularly low point during the standoff with the National Police.

Speculation regarding Budi Gunawan’s appointment as deputy police chief continues to abound, as should be expected until a final decision has been announced. The prospect is one that has raise a number of concerns from civil society. Given Budi Gunawan’s likely appointment as deputy police chief, Indonesia Corruption Watch (ICW) is concerned that in a position of even greater authority than before, he would intensify efforts to criminalize and persecute key figures in the anti-corruption movement.

The prospect that inactive KPK Vice Chair Bambang Widjojanto could be detained tomorrow following question is cause for concern. The police have clearly ignored instructions from President Jokowi to avoid efforts to criminalize KPK staff and supporters, and the allegations against Bambang were already clarified and put to rest during his confirmation at the DPR before becoming a commissioner. The only positive aspect that could come from tomorrow’s interrogation is that it represents progress in the case. Bambang has been left in legal limbo since being charged in early February, preventing a clearing of his name and his return to active duty.

The KPK’s specific efforts to encourage women to join the fight against corruption should be commended, as should Taufiqurrahman Ruki’s openness to the selection of female commissioners. In the decade since its creation, the KPK has not yet had a female commissioner. As the government begins the selection process in earnest, it would do well to pay attention to issues of gender as well as competence. The attendance and support of Puan Maharani was also a positive aspect to today’s event, though it should not be taken to represent a fundamental shift in PDI-P’s lukewarm stance to the anti-graft body.

The Judicial Commission has moved at a painfully slow pace in its review of Sarpin’s alleged ethics violations. Sarpin, who has previously been brought up on eight separate occasions, received death threats during the pre-trial hearing, as did KPK witnesses and legal counsel. Given the security environment, and the highly politicized atmosphere, most courts in the West would have been forced to declare a mistrial. The hesitance with which the Judicial Commission has proceeded in its ethics review comes as a disappointment to many in civil society who looked to the body as a potential avenue for redress. Although it has no authority to weigh in on the legality of the decision, the commission certainly has the authority if not the obligation to review the ethical conduct of members of the judiciary and remove them from the bench if found guilty of ethical breaches.

KPK Commissioner Zulkarnain’s statement today regarding the acceleration of the selection of new KPK commissioners represents an important corrective to the political ambitions of DPR Commission III and Law and Human Rights Minister Yasonna Laloly. Given the extremely sensitive nature of its work, and its extraordinary legal authority as a “legal superbody” – including warrantless wire taps and electronic surveillance – the leadership of the KPK must be selected using the highest available criteria for technical competence and integrity. Accelerating the selection process is as undesirable as it is unlikely.

Information as of 5:30 p.m. WIB, April 21, 2015