Tuesday, July 22, 2008

KPK and The Takeovers BLBI Case

By: Firdaus Arifin
Writer: Lecturer Constitutional Law Section and Secretary of Constitutional Studies Center Faculty of Law, University of Pasundan, Bandung, West Java, Indonesian.
Published by: the Daily Tribun Jabar, 17 July 2008.

WITH the case goes on trial on bribery allegations made Artalyta Suryani to the prosecutor's investigative team leader case of Bank Indonesia liquidity assistance (BLBI), Urip Tri Gunawan (UTG), widespread public insistence that the Corruption Eradication Commission (KPK) will soon take over (take over) megakorupsi investigation process BLBI funds from the hands of Attorney General Office (AGO).

Because, AGO proved unable to resolve the cases cost the state hundreds of trillions. Takeovers BLBI case by the Commission from the Attorney General also deserve to be done because almost certainly in the hands of the Attorney General's office would not be the case continues to trial. Was not in a working meeting with the House Commission III, on March 5 last, the Attorney General has confirmed Hendarman Supandji will not reopen the case law porses BLBI.

Then the question, whether the Commission can legally take over the investigation process from the hands BLBI AGO?

When examined in the law, the provisions of the takeover of a corruption case by the Commission is set explicitly in the transitional provisions of Law No. 30 of 2002 on Eradication Commission of Corruption (KPK Law). Article 68 of the Law Commission stated that all action inquiry, investigation, and prosecution of corruption cases that have not completed the legal process during the formation of the Commission may be taken over by the Commission under the provisions in Article 9.

Article 9 of Law Commission regulates the acquisition of some of the reasons of corruption cases by the Commission. Namely, the public reports about corruption was not acted upon, the process of handling corruption cases go on late or delayed delayed without acceptable reasons.

Or handling of corruption cases aimed at protecting the perpetrators of corruption are true, the handling of corruption cases contain elements of corruption, barriers handling corruption cases because of interference from the executive, judicial, or legislative. Or other circumstances which, according to police or prosecutorial considerations, the handling of corruption cases difficult to be carried out both and accountable.

These provisions clearly authorize the Commission to take over corruption cases that have not completed the legal process at the time the Commission was formed. Takeovers are not limited (limitatif) only at a certain stage, but of all legal process, starting from the investigation, the investigation, to prosecution, may be taken over by the Commission.

Associated with the completion of the legal process BLBI case, based on the explanation above, the Commission should not have to hesitate to make the takeover process BLBI cases. Because there is no reason for the Commission to refuse to take over with the pretext of not having the authority.

In addition, the Commission had to dismantle it completely BLBI cases from upstream to downstream is at least divided into three domains. The first aspect, namely the domain-makers and policy framers BLBI involving government officials and banking, as well as government officials for policy makers who are causing dragged wore BLBI cases. Second, the domain of policy implementers, especially actors and actors who disburse funds flow BLBI. Third, the obligor, whether cooperative or not cooperative (naughty).

Another thing that is very important to be done by the Commission is to conduct an investigation of ways and techniques used by the Attorney General in investigating BLBI cases. Therefore, post-arrest prosecutor Urip allegedly accepting bribes BLBI related cases, is very normal that the Commission investigates how the ways in which Attorney General in investigating BLBI case. Do not, during the prosecutor's use and techniques of investigation, which ultimately gives it the legal gaps as well as legal protection for the obligor involved BLBI cases.

With the strengthening of public pressure, the takeover BLBI cases can be immediately announced by the Commission, before the case was continued to grow and overflow to where where.

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