Monday, December 14, 2009

Dismantling The Criminalization of The KPK

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 Pikiran Rakyat, 2 November 2009.

EFFORTS to counter-attack launched corruptors are intensively and systematically to destroy the engine of corruption in this country, the Corruption Eradication Commission (KPK), is likely to be uncovered.

Release of transcripts of recorded telephone conversations of the Supreme Court officials and police, which allegedly contains the systematic criminalization of engineering scenarios for the two leaders of the Commission, namely Chandra M. Hamzah and Seed S. Rianto, so reassure the public and the anti-corruption activists in the country that there is a high-level political conspiracy behind the determination of the status of the defendant to two commissioners Volume II is the Commission. Disclosure of the recording scenario, is also increasingly strengthened public assumption of the existence of covert feud between the lizard (CCA) against crocodile (police), and systematic efforts to cripple the Commission.

If we listened to the back, long before the release of the tape transcript, indication of the existence of a political conspiracy in a case that happened to Chandra and the seeds are to be expected, since both are named as a suspect by the Police Headquarters, mid-September. Because the basis and evidence to be ground by the police to investigate this case, very weak. Police only use information (testimonium de auditu) Antasari Azhar in investigating the case. In fact, according to the criminal procedure rules of evidence, testimonium de auditu not be used as strong evidence to establish a follow pindana suspects.

In addition, criminal charges the police to disangkakan Chandra and seeds so far not clear. This can be seen from the always changing criminal allegations that police ditudingkan to them. Initially, they were accused of committing a crime because of alleged bribes had received bribes from the Director of PT Masaro, Anggoro Widjojo, suspect cases of procurement corruption of integrated radio communications system (SKRT) in the Department of Forestry provided by Ary Muladi. However, later admitted Muladi Ary never give money to the Chandra and seeds. In fact, Research Center for Analysis and Financial Transactions (INTRAC) has also traced the flow of funds this case. Result, the agency ensures there is no flow of funds flowing into the Chandra and seeds.

Bribes not proven, then the criminal charges disangkakan to Chandra and Seed also changed. Both are now charged with criminal abuse of power and extortion in connection with the expenditure gallant letter to Anggoro Widjojo and owner of PT Era Giat Prima, Djoko Tjandra. In fact, according to the provisions of Article 12 paragraph (1) letter b Law Number. 30 Year 2002 on the Commission, said that the Commission has the authority to clutch one's travel abroad, either in the process of inquiry, investigation, and prosecution of criminal acts. After all, if traced by law, the police had no authority to question the authority of the Commission in a ban of a corruption case at large. If it is banned object, which can hurt the legal route. In addition, in terms of propriety, decency, and purposes, the police really do not deserve a hurry to set seed and Chandra as a suspect abuse of authority, because it has grabbed corrupt.

Investigate renovation

Now, like rice has become porridge, the contents of the tape already spread in the community. Public waiting for certainty about the presence or absence of engineering in the case. Even if the tape has not proved true, but it must be addressed seriously.

The government must prove that there was no systematic political effort to destroy the Commission.

For that, we urge prosecutors and police officials to immediately investigate who was involved in engineering, especially those that appeared or mentioned in the transcript that telephone recording. Because, very dangerous when the scandal was muted. Not only the credibility of the prosecutor and the police will break down, the government of President Susilo Bambang Yudhoyono (SBY) The second period has been running for several days, too, can come contaminated. Especially in the tape, clearly mention the name of President Yudhoyono. In addition, we urged the third task (plt.) the current leadership of the Commission, to immediately help uncover allegations of engineering that makes seed and Chandra became suspect. They should immediately open the tape, so that anyone who caught mengkriminalkan Chandra and Seed.

Independent Team

If all the engineering effort to dismantle the two leaders to criminalize the Commission deadlocked because of the spirit of protecting and maintaining the good name of their respective corps, both police and prosecutors, the President SBY should immediately establish an independent investigation team to investigate allegations in the case of engineering dijeratkan to seed and Chandra.

Independent investigation team should be formed by involving cross elements, including representatives from civil society. To prevent conflicts of interest occur in the resolution of this case, it is better if the composition is not an independent investigation team of prosecutors and police, but from legal experts, observers of the legal issues, and anti-corruption activist.

Hopefully the problem is twisted Commission, in particular Chandra and seeds immediately see a bright spot. If not, flying corrupt, end of corruption.

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