KPK Chairman: Determination of Alleged Corruption Actors at Basarnas According to Legal Procedures

The handling of alleged corruption at Basarnas has involved the TNI Military Police. The Coordinating Minister for Political, Legal and Security Affairs Mahfud MD asked the KPK and POM TNI to focus on the legal process according to the procedures in force.

The following article was translated using both Microsoft Azure Open AI and Google Translation AI.

KOMPAS/RONY ARIYANTO NUGROHO

PT Kindah Abadi Utama's Managing Director, Roni Aidil (left), and PT Intertekno Grafika Sejati's Managing Director, Marilya (right), were transported in a detainee car at the Corruption Eradication Commission (KPK) office in Jakarta on Wednesday (July 26, 2023). These two suspects were arrested by the KPK in a sting operation related to bribery in winning tenders for the procurement of goods and services for the National Search and Rescue Agency (Basarnas) project.

JAKARTA, KOMPAS — Chairman of the Commission for the Eradication of Corruption Firli Bahuri, Saturday (29/7/2023), emphasized that the entire investigation process, investigation, until the determination of the perpetrators of alleged corruption at the National Search and Rescue Agency or Basarnas has complied with legal procedures. Even when red-handed activities were carried out at Basarnas, KPK involved the TNI Military Police.

Firli also conveyed, as stipulated in Article 42 of the KPK Law, that the KPK has the authority to coordinate and control the investigation, prosecution, and prosecution of corruption crimes carried out jointly by individuals subject to military jurisdiction.

Previously, the Corruption Eradication Commission (KPK) named five suspects on allegations of bribery in the procurement of goods or services project at the National Search and Rescue Agency (Basarnas), including the Head of Basarnas for the period 2021-2023, Air Marshal Madya Henri Alfiandi. Between 2021-2023, Henri, together with Coordinator of Basarnas Administration Lieutenant Colonel Afri Budi Cahyanto, were allegedly receiving around IDR 88.3 billion from various project vendors. (Kompas.id, 26/7/2023).

Understanding that among the parties involved, there are members of the Indonesian Armed Forces (TNI) who also have a mechanism for military justice, the Corruption Eradication Commission (KPK) has involved the TNI Military Police during the investigation process of the arrest conducted at the National Search and Rescue Agency (Basarnas). (Firli Bahuri)

The Indonesian National Armed Forces (TNI) assessed that the Corruption Eradication Commission's (KPK) decision to name the Head of Basarnas as a suspect is a violation of the law. Commander of the Military Police Center (Puspom) TNI, Air Vice-Marshal Agung Handoko stated that based on the Military Justice Act, the investigators for active TNI members involved in criminal cases are military police. Therefore, only the military police as investigators can declare active military personnel as suspects.

Firli, through a written statement, expressed that after the arrest in Basarnas, it must be determined as an act of corruption and the legal status of the parties involved within 24 hours. "Understanding that among the parties involved there are members of the TNI who also have a military justice mechanism, in the process of conducting the case hearing in the operation to arrest in Basarnas, the KPK has involved the Military Police (POM) of the TNI from the beginning, to follow the case hearing until the determination of the case status and legal status of the related parties," he said.

Also read: KPK Alleged Head of Basarnas 2021-2023 Received Rp. 88.3 Billion in Bribes

KOMPAS/FAKHRI FADLURROHMAN

Minister of Coordinating Political, Legal, and Security Affairs (Menkopolhukam) Mahfud MD at the Coordinating Ministry for Political, Legal, and Security Affairs building in Jakarta on Thursday (20/7/2023).

Therefore, according to Firli, the KPK continues to handle cases involving private parties and hands over those involving the military to the TNI for further coordination. The authority of the KPK to coordinate the legal process is regulated in Article 42 of the KPK Law.

In the article it is stated that the Corruption Eradication Commission (KPK) has the authority to coordinate and control the investigation, prosecution, and adjudication of corruption crimes committed jointly by individuals subject to military and civilian justice. Therefore, according to Firli, all legal processes carried out by the KPK are in accordance with applicable legal foundations and mechanisms.

Proceeded to court-martial

The Coordinating Minister for Politics, Law and Security Mahfud MD, on Saturday, also asked that the debate over the authority to handle suspected corruption cases at Basarnas not be extended. For this reason, Mahfud stressed, law enforcement on allegations of corruption that occurred at Basarnas was of the utmost importance. This debate must be stopped because the Corruption Eradication Commission (KPK) has admitted to a procedural error. On the other hand, the TNI has accepted the substance of the problem, namely the corruption allegation to be followed up based on military justice.

"It is important that corruption issues, the substance of which has been informed and coordinated beforehand with the TNI, must be continued and concluded through military court," said Mahfud in a written statement.

Mahfud admitted that there was criticism that it was difficult to bring military personnel to justice. However, in one case that has gone to a military court, the sanctions are very strict with a clear legal construction.

Also read: Basarnas case, TNI asks KPK to comply with legal procedures

KOMPAS/HENDRA A SETYAWAN

The Head of TNI Information Center Rear Admiral Julius Widjojono (second from the right) together with the Commander of TNI Military Police Marshal Agung Handoko (right), the Head of TNI Legal Development Agency Rear Admiral Kresno Buntoro (second from the left) and the Deputy Attorney General for TNI Military Criminal Justice Major General Wahyoedho Indrajit gave a press statement at TNI Headquarters, Cilangkap, Jakarta on Friday (July 28, 2023).

Panglima TNI Admiral Yudo Margono, after leading the handover ceremony in Jakarta, hopes that events at Basarnas will be evaluated. He asked the TNI to be vigilant.

“We have to be careful with things like that. Don't look at the negative news. Come on, let's evaluate together so that in the future it won't happen again in the TNI or TNI soldiers who serve outside the TNI structure. So that we remain solid to carry out the main tasks or functions of the TNI," said Yudo.

He asked TNI soldiers who are serving outside the TNI structure to continuously maintain communication. Soldiers in those institutions must be nurtured and reminded that they are still TNI.

Indonesian: Panglima TNI Laksamana TNI Yudo Margono setelah memimpin upacara serah terima jabatan di Jakarta berharap peristiwa di Basarnas menjadi evaluasi. English: Commander of the Indonesian Armed Forces Admiral Yudo Margono, after leading a handover ceremony in Jakarta, hopes that the incident at Basarnas will become an evaluation.

When contacted, the Head of the TNI Information Center Rear Admiral Julius Widjojono stated that the report from the KPK specifically for the Administrative Coordinator of the Head of Basarnas Lieutenant Colonel Afri Budi Cahyanto was only received on Friday (28/7/2023) afternoon. The TNI Military Police Center (Puspom) will investigate Afri by prioritizing the principle of presumption of innocence. When asked about the KPK report related to the Head of Basarnas Air Marshal Madya Henri Alfiandi, Julius has not responded yet.

Regarding the naming of suspects against Afri and Henri, the Corruption Eradication Commission (KPK) has conveyed an apology. The apology was expressed by KPK Deputy Chairman Johanis Tanak on Friday (28/7/2023) at the KPK Red and White Building in Jakarta. The apology sparked controversy among anti-corruption activists.

Also read: KPK Admits Mistakes, Puspom TNI Promises to Be Transparent Investigate TNI Personnel Involvement

KOMPAS/PRAYOGI DWI SULISTYO

Deputy Chairman of the People's Consultative Assembly Arsul Sani

Member of Commission III of the DPR from the United Development Party (PPP) faction, Arsul Sani, when contacted in Jakarta, said that the issue of the KPK apologizing and admitting to being wrong about the determination of active TNI officers as suspects, should not have become a prolonged polemic. He asked the KPK and POM TNI to focus on the legal process in accordance with the applicable procedures.

"We demand an end to the polemic. The formation of a connectivity team is necessary to carry out legal proceedings against the two active TNI officers, in addition to ensuring that the KPK continues to complete its investigation of the civilian suspects," said Arsul.

According to Arsul, it is time for the Corruption Eradication Commission (KPK) and the Indonesian Armed Forces (TNI) to show the public that there is parallelism and synchronization in the legal process against civilian suspects and active TNI officers who are allegedly involved in corruption crimes (tipikor). Regarding the "friction" that arose between the KPK and TNI due to the designation of two active TNI officers as suspects, there is no need to prolong it. Because both law enforcement agencies have also met.

"We in the DPR, and more so the public, want to see a legal process that is correct in terms of procedural and material aspects of the typical corruption case, and there must be transparent aspects that can be evaluated together, including by the public. We do not want a repeat of the AW-10 Helicopter corruption case where civilians were prosecuted and sentenced to prison plus fines, but not the TNI officers who were allegedly involved," said Arsul.

KPK's internal polemic

The handling of this case led to the resignation of the Director of Investigation as well as Acting Deputy Enforcement and Execution of KPK Asep Guntur Rahayu. This is because KPK deputy chairman Johanis Tanak apologized to the TNI and stated that the team that made the arrests had made a mistake. Not long after, employees at the KPK's Deputy for Enforcement protested.

According to Kompas sources, KPK leaders met Asep. Firli has also sent e-mails to KPK employees to stay away from conflict and chaos. He is responsible for this matter. The leadership scheduled a gathering for the KPK extended family and togetherness with all employees on Monday (31/7/2023).

Also read: Responsibilities at the KPK Leaders

KOMPAS/RONY ARIYANTO NUGROHO

Vice Chairman of the Corruption Eradication Commission (KPK), Alexander Mawarta, led the exposition of the detention of the Director of PT Kindah Abadi Utama, Roni Aidil, and the Director of PT Intertekno Grafika Sejati, Marilya, at the Juang Building of the Corruption Eradication Commission (KPK) in Jakarta on Wednesday (July 26, 2023). These two suspects were detained by the KPK after a sting operation related to bribery in the procurement tender for goods and services project of the National Search and Rescue Agency (Basarnas). In this operation, the KPK initially arrested 11 people, including the Administrative Coordinator of the Head of Basarnas, Colonel Afri Budi Cahyanto.

In addition, Deputy Chairman of the KPK Alexander Marwata stated that he does not blame investigators, detectives, or KPK prosecutors. They have worked according to their capacity and duties. "If it is considered a mistake, it is a mistake of the leadership," said Alexander.

Arsul also appreciated Alexander's statement stating that the error regarding the determination of the suspect as an active TNI member in the Basarnas case was not an investigator's or investigators' mistake, but the KPK leadership's oversight. ”Statement Pak Alex is good. The attitude of gentlemen as a leader and this is a correction to Tanak's previous statement," he said.

The Corruption Eradication Commission (KPK) can still be involved in connectivity framework by positioning itself as regulated in Article 42 of the KPK Law.

According to Arsul, what needs to be followed up is Tanak apologizing to the investigators of the Corruption Eradication Commission (KPK) for his statement. Then, have a heart-to-heart talk with all of them.

"On the other hand, after that, the KPK's ranks including the Director of Investigation (Asep) do not need to step down. In my opinion, this is a way to end the internal drama," said Arsul."

Furthermore, according to Arsul, all parties can focus on completing the legal process at hand. The KPK can still be involved in a framework of connectivity by positioning themselves as stipulated in Article 42 of the KPK Law.

"Although for two active TNI officers, the investigators remain as POM TNI. However, in accordance with the KPK Law, TNI Law, and Criminal Procedure Code regulation related to the handling of cases involving active civilians and military, enforcement of the law must be carried out with connectivity. Of course, by applying the presumption of innocence principle," said Arsul.

Chairman of the Legal Aid and Human Rights Association (PBHI), Julius Ibrani, assessed that the Corruption Eradication Commission's (KPK) step to apologize and hand over the alleged corruption case at the National Search and Rescue Agency (Basarnas) to the Military Police (Puspom TNI) was a wrong step and could damage the law enforcement system for corruption eradication in Indonesia.

According to Julius Ibrani, the Corruption Eradication Commission (KPK) should investigate this case thoroughly and not need to apologize. Apologizing and handing over the case of the two soldiers to the military police (Puspom TNI) will only hinder the transparent and accountable disclosure of the case. Furthermore, apologizing and handing over the legal process could pave the way for impunity for both of them.

He encouraged the KPK Supervisory Board to examine all KPK commissioners and reject Asep's resignation. If this is not done, all leaders and Board of Trustees will have to resign because they are not carrying out their functions properly.

The Chairman of Setara Institute, Hendardi, stated that the clarification and apology for the designation of a suspect in the TNI member is the culmination of KPK's weakness in maintaining and carrying out its functions independently. KPK chose to submit to the intimidation of the TNI institution which contradicts the principle of equality before the law as mandated by the constitution.

"This incident also demonstrates the steadfastness of the Indonesian National Military's supremacy, because even if caught committing corruption, the TNI corps will surely defend them and the Corruption Eradication Commission will release them," said Hendardi.