The Corruption Eradication Commission Plans To Dismiss Old Corruption Cases

JAKARTA - Deputy Chairman of the Corruption Eradication Commission (KPK) Alexander Marwata revealed the possibility of dismissal of investigations or SP3, on suspected corruption this year.

This is based on Article 40 of Law Number 19 of 2019 concerning amendments to Law Number 30 of 2002 concerning the KPK, which states that anti-corruption agencies can stop investigations and prosecutions of cases where the investigation and prosecution have not been completed within a maximum period of two years.

"There is a possibility (SP3, red) because after we have mapped there are several cases that still remember when the suspect was named in 2016 until now it has not been cleared either. What is the reason, later we will examine it. What are the cases, what are the obstacles, and whether it is possible to continue or not", said Alex to reporters at the KPK's Red and White House, Kuningan Persada, South Jakarta, Tuesday, March 2.

The KPK, he continued, already has an SOP to stop investigating a case, namely that this termination is carried out after more than two years of no longer finding sufficient evidence or the suspect is not worthy of being brought to trial (unfit to stand trial). Furthermore, the KPK will ask for an expert opinion as a second opinion.

"The expert's opinion says there is no possibility of raising the case or for example not being fit to trial, not being able to be submitted to trial, yes, why should we hang on to it", he explained.

Then, according to the provisions, the KPK will have to be open to the public regarding the termination of an investigation or prosecution of a case.

In addition, the KPK leadership can revoke the termination of investigation and prosecution if new evidence is found at a later date which can invalidate the reasons for termination of investigation and prosecution, or based on a pretrial decision as referred to in the legislation.

"What is clear is that we will be transparent. So it is not solely because of the leadership's decision. We will expose the trial of the cases", he said.

Even though he had explained the mechanism for stopping the investigation of corruption cases, Alex did not clearly mention which cases.

He only said that there were cases where the suspect had been determined since a few years ago, but until now it had not been transferred to the prosecution stage nor had it been delegated but had not yet been tried because the defendant was sick.

To date, at least three KPK defendants have failed to be tried because of illness. One of them is a senior politician who is also the President Director of PT Pantai Aan, Bambang Wiraatmadji Soeharto over the alleged bribery case related to the handling of land cases.

"We do not know, the status is still on hold. We have not issued a dismissal until now. Maybe later we will dismiss one of them", he said.

Although the investigation of corruption cases has been stopped, Alex stressed that the KPK will try their best to recover the state's financial losses. According to him, the KPK will ask the Prosecutor's Office to sue the suspect or defendant on a civilian basis if it is evident that there is a state financial loss.

"It can be sued in a civil manner. For example, the suspect is sick so that he cannot attend the trial or can no longer be investigated, we will sue in a civil manner. In the regulations it can and is possible", explained Alex.

"It's the same if the suspect dies and it has been proven that there is a state loss, we can sue to pay for the state's loss. We will transfer it to the Prosecutor's Office to be sued on a civil basis", he concluded.