Responsibilities of the KPK leadership
The alleged bribery case at Basarnas which allegedly involved TNI personnel must be followed up professionally by the KPK and POM TNI. Do not let the corruption case just stop.
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Vice Chairman of the Corruption Eradication Commission Johanis Tanak (second from left) and Commander of the TNI Military Police Center, Air Marshal Agung Handoko (third from right), when giving a press statement at the KPK Building, Jakarta, on Friday (28/7/2023).
JAKARTA, KOMPAS - The leadership of the Corruption Eradication Commission must take responsibility for the controversy that has arisen following the appointment of TNI personnel in the case of alleged corruption in the procurement of goods and services at the National Search and Rescue Agency or Basarnas. On the other hand, the alleged involvement of TNI officers in the case must be completely resolved.
According to former Deputy Chairman of KPK Laode M Syarif, on Friday (28/7/2023), every case in KPK is the responsibility of the KPK leaders. Starting from the investigation stage, prosecution, to execution, it must obtain authorization and approval from the leadership.
He hopes that the alleged corruption case allegedly involving the Head of National Search and Rescue Agency for the 2021-2023 period Marshal Henri Alfiandi will be followed up by the Corruption Eradication Commission and the Military Police (POM) of the TNI so that there will be no termination of cases such as the corruption case involving the procurement of the AgustaWestland AW-101 transport helicopter in the Indonesian Air Force in 2016- 2017 during his leadership. In fact, the private party in that case has already been jailed.
Laode hopes that the KPK and TNI can find the best solution in accordance with the available legal options.
He is of the opinion that the Basarnas case should be carried out in a connected manner, as stipulated in Article 89 of the Criminal Procedure Code so that the KPK and the TNI can work well together in investigating and prosecuting this case. "Don't let the Basarnas Head case experience the same thing as the helicopter case if it is fully handed over to POM TNI," said Laode.
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Executive Director of Partnerships and former Vice Chairman of the Corruption Eradication Commission (KPK) Laode M Syarif.
Polemic
Deputy Chairperson of the Corruption Eradication Commission Johanis Tanak, Friday (28/7), at the Red and White Building, the Corruption Eradication Committee apologized for the appointment of Basarnas Head Administrative Coordinator Lieutenant Colonel Afri Budi Cahyanto and Basarnas Head for the 2021-2023 period Air Marshal Henri Alfiandi, along with three private parties, as suspects by the KPK in the case of alleged corruption in the procurement of goods and services at Basarnas. The KPK suspects that Henri, together with and through Afri, received IDR 88.3 billion from various project vendors in the period 2021-2023 (Kompas, 27/7/2023).
Johanis apologized in a press conference with the Commander of the Military Police Center (Puspom) TNI Air Marshal Agung Handoko. Also present were the Head of TNI Public Affairs Rear Admiral Julius Widjojono and the Head of TNI Legal Development Rear Admiral Kresno Buntoro.
Johanis stated that the Corruption Eradication Commission (KPK) should understand that the handling of alleged corruption cases involving members of the Indonesian National Armed Forces (TNI) is the responsibility of the TNI Military Police (POM TNI). "There was an error, a mistake, from our team during the arrest. During the meeting earlier, we have conveyed to our friends in the TNI to be communicated to the TNI Commander Admiral Yudo Margono and the TNI hierarchy. We apologize for this mistake," he said.
In the evening, the Director of Investigation and Acting Deputy for Enforcement and Execution of the KPK, Asep Guntur Rahayu, resigned. Based on information from Kompas sources, Asep said, in connection with the hand-catching polemic at Basarnas and the results of the meeting with the TNI POM with the conclusions in the OTT and the determination of the suspect, the investigator made an oversight, he is responsible as Director of Investigation and Acting Deputy prosecution.
Asep stated that he was resigning because it was proof that he was unable to carry out his duties as the Director of Investigation and Acting Deputy of Enforcement. The official letter will be submitted on Monday. He stressed that what he and investigators, agents, and prosecutors were doing was to enforce the law in order to eradicate corruption.
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Acting Deputy for Enforcement Asep Guntur, Vice Chairman of the Corruption Eradication Commission (KPK) Johanis Tanak, and KPK spokesperson Ali Fikri (from left to right) held an exposition on the suspects in the bribery case of railway construction and maintenance at the KPK office in Jakarta, Thursday (13/4/2023) early morning.
Kompas attempted to confirm this information with Deputy Chairperson of the KPK, Alexander Marwata and Nurul Ghufron, but received no response. Messages to Asep have not yet been responded to.
Chairman of Indonesia Calls for 57+ Institutions Mochamad Praswad Nugraha stated that Asep Guntur Rahayu's resignation due to leadership blaming investigators is a very respectable move. According to him, the leadership of the KPK should be ashamed of their actions, which seem to be neglectful.
"The determination of suspects is entirely the authority of the leadership of the Corruption Eradication Commission (KPK), not the authority of KPK investigators or interrogators," said the former KPK investigator.
According to Praswad, Article 39 Paragraph (2) of the KPK Law emphasizes that all actions carried out by the KPK team are done under the orders of the KPK leadership. He affirms that the KPK leadership must take responsibility as they are the ones in charge and control all cases within the KPK.
Also read: KPK Admits Mistakes, Puspom TNI Promises to Be Transparent Investigate TNI Personnel Involvement
Promise transparent
In a press conference, Johanis Tanak ensured that the case will continue to be handled in a connected manner between the Corruption Eradication Commission and the TNI Military Police or directly handled by the TNI Military Police. He hopes that inter-institutional communication and coordination can run smoothly in order to be maximal in eradicating corruption.
Air Marshal Agung Handoko stated that the alleged corruption case involving the Indonesian military servicemen has disappointed the Commander of the Indonesian National Armed Forces Admiral Yudo Margono. Therefore, military personnel involved in criminal cases will be dealt with severely. The Commander of the Indonesian National Armed Forces is committed to upholding the law, particularly in corruption cases.
Head of the National Search and Rescue Agency Air Marshal TNI Henri Alfiandi (right) attended the departure ceremony of the INASAR team at the Basarnas Field, Central Jakarta, Friday (10/2/2023).
When asked about the status of Henri and Afri, whether they have been named as suspects, Agung stated after meeting with the leaders of the KPK, that the process at the TNI POM for investigating the alleged bribery case in Basarnas is still ongoing. Both of them have not yet been declared as suspects by the TNI POM investigators. "In the process of resolving the problem involving TNI soldiers, we investigators in the TNI environment will carry out the process transparently," said Agung.
Criminal law expert from Parahyangan University in Bandung, Agustinus Pohan, urges the POM TNI investigators to promptly designate the status of suspects to Henri and Afri. He believes that the Corruption Eradication Commission has submitted evidence related to the alleged bribery case at Basarnas to the POM TNI investigators, so that an arrest warrant can be issued and a connectivity investigator team can be formed.
Former chief justice Gayus Lumbuun has assessed that the Indonesian National Armed Forces (TNI) is still using military criminal procedure law, in addition to criminal procedure law. Currently, the TNI is still under military jurisdiction.
Referring to Law No. 31/1997 concerning Military Courts, military investigators carry out investigations into criminal acts committed by soldiers, while prosecutors carry out prosecutions. On the other hand, Gaius stressed the importance of transparency in handling the case.
