Indonesia’s former Justice and Human Rights Minister Yusril Ihza Mahendra said that the police — not the Corruption Eradication Commission (KPK) — should lead the investigation into graft allegations involving top members of National Police traffic division.
“The KPK can’t take over a police investigation unless there is a reason stipulated by the law,” the University of Indonesia law professor said. “[There needs to be evidence that] the investigation is taking too long, the investigation has been corrupted or that the police want to protect those involved.”
Yusril said that he doesn’t see any reason why the KPK should take the reigns from the National Police.
The KPK’s investigation into corruption claims surrounding a Rp 197 billion ($21 million) purchase of driving simulators has attracted controversy from the start. The antigraft body charged the former head of the National Police’s traffic division, Insp. Gen. Djoko Susilo, with allegedly receiving Rp 2 billion in bribe money from the two companies awarded the lucrative tender.
The KPK also charged Brig. Gen. Didik Purnomo, the current deputy chief of the traffic division, and Adj. Sr. Comr. Teddy Rismawan and Comr. Legimo, who were in charge of the tender process.
Police reportedly prevented the KPK from seizing documents related to the project from the traffic division’s office in East Jakarta, a standoff that ended only after an agreement between the two law enforcement bodies was reached.
Now both sides claim they have the right to investigate the allegations in an argument that could reach the Constitutional Court.
“It will be good if this case is heard before the Constitutional Court,” Yusril said. “That will decide who has the authority.
“The president could also use his authority, Don’t forget that both the attorney general and the police are subordinate to the president.”
The National Police Commission (Kompolnas), a state body charged with monitoring Indonesia’s police, urged President Susilo Bambang Yudhoyono to instruct the National Police to drop the case.
And on Monday, a group of lawyers led by Gerindra Party attorney Habiburokhman filed a request for a judicial review with the Constitutional Court. The lawyers have requested the court review the law governing the authority of the KPK.
Habiburokhman explained that article 50, sub-article three of Law on the Corruption Eradication Commission stipulates that neither the police or the attorney general can interfere in KPK investigations.
The lawyer said that this law might conflict with another law on the authority of the police.