SUMMARY:

Late in the evening of Friday, April 24, the House of Representatives (DPR) voted to approve the Presidential decree in lieu of regulation (Perppu) on the appointment of interim Corruption Eradication Commission (KPK) commissioners.  Discussions on the formation of a permanent KPK oversight/ethics body were tabled for later debate to allow progress on House’s final order of business before adjourning for a three-week recess.

On Monday, April 27, judge Sarpin Rizaldi of the South Jakarta District Court provided additional testimony to National Police investigators regarding his defamation complaint against members of the Judicial Commission. Previously, Sarpin reported the head of the Judicial Commission, Suparman Marzuki, and one of its commissioners, Taufiqurrohman Syahuri, to the police for comments they had made about his controversial pre-trial ruling that dismissed the charges against Budi Gunawan. Since filing his complaint, the Judicial Commission’s review of alleged ethical violations has stalled.

Trial proceedings resumed at the Jakarta Corruption Court (TIPIKOR) in the case against former DPR energy committee chair Sutan Bhatoegana on Monday, April 27, with the typical outspoken antics the public has come to expect from the former legislator. Sutan once again requested permission from the court to be temporarily release to get his dentures fixed, fearing that a further delay could cause a life-threatening infection. Rejecting his request, head judge Artha Theresia said that he would have to make due with the dental care already arranged by the KPK, and reminded him that to her knowledge, no one had ever died from ill-fitting dentures. Sutan protested, pointing out that law, not dentistry, was the judge’s area of expertise. Later in the day, proceedings continued to be colored by outbursts about injustice and unfairness from Sutan and his legal counsel as judge Artha Theresia accepted the prosecutors indictment and rejected the defendant’s objections.

On Monday, April 27, the Jakarta TIPIKOR also began the trial of former Tapanuli Tengah regent Raja Bonaran Situmeang, who stands accused of bribing former Constitutional Court chief justice Akil Mochtar in exchange for a favorable ruling in a local election dispute. The defendant flatly denied the charges, saying he had never paid bribes and had no knowledge of the actions of which he stands accused. Akil has been sentenced to life in prison.

KEY DEVELOPMENTS:

Thursday, April 23 – Inactive KPK Vice Chair Bambang Widjojanto undergoes police questioning

Thursday, April 23 – Budi Waseso confirms police likely to drop case against Budi Gunawan

Thursday, April 23 – State Secretary Pratikno confirms his office will take the lead in forming the KPK selection panel

Thursday, April 23 – DPR Commission III approves Perppu on interim KPK commissioners

Friday, April 24 – Budi Waseso denies Haiti issued instruction to release Bambang Widjojanto

Friday, April 24 – Budi Waseso hints that Denny Indrayana to face additional cases

Friday, April 24 – DPR plenary session approves Perppu

IMPLICATIONS:

Though the DPR’s endorsement of the Perppu was not unexpected, the legal certainty that the vote provided to interim KPK leaders comes as a welcome relief, given the recent political environment, and political parties’ historical animosity to the KPK. The broad-based public support that the KPK continues to enjoy remains one of its foremost assets, and remains an effective countermeasure to political efforts to weaken the agency.

Judge Sarpin’s continued pursuit of defamation charges against members of the Judicial Commission is cause for concern. More troubling is the commission’s rather timid response to the charges rather than pressing forward with a timely review allegations of unethical behavior surrounding his controversial decision. Understood within the larger context, the ongoing investigation into these allegations acts to undermine the authority of those who stood with the KPK during their hour of greatest need. The police’s statements regarding the slew of cases awaiting former deputy minister Denny Indrayana and further plans to question inactive KPK Chair Abraham Samad via the South Sulawesi Police, indicate that the inauguration of new police leadership has done nothing to alleviate the campaign against the KPK and its supporters.

Sutan Bhatoegana’s trial has been marked with drama from the outset, but has been handled with the professionalism that has come to be expected of the Jakarta TIPIKOR. Although the South Jakarta District Court’s reputation has been shaken by the controversial decision of judge Sarpin, the KPK has never lost a case at the Jakarta TIPIKOR. The case is expected to proceed as a calculated consideration of the facts, rather than emotional appeals.

Information as of 5:30 p.m. WIB, April 27, 2015