Exclusive, IPW Chairman Sugeng Teguh Santoso Reveals There's a Suspicion of Land Seizing Behind the Jampidsus Stalking Case

The stalking action carried out by members of Densus 88 on Jampidsus Febrie Adriansyah suddenly became big news in almost all media in Indonesia. According to the Chairman of Indonesia Police Watch (IPW) Sugeng Teguh Santoso, what this individual did was a violation. From this case it is clear that the relationship between the Police and the Prosecutor's Office is not good. These two law enforcement institutions are seen fighting over land in handling tin cases.

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In fact, fellow law enforcement agencies must work together to enforce the law and create justice. However, what Densus 88 members demonstrated by spying on the Deputy Attorney General for Special Crimes (Jampidsus) was very far from their daily duties, namely sniffing out terrorism. “This is a bad act. He acted not under official police command. Why is a police brigadier stalking Jampidsus? What's the goal?" said Sugeng Teguh Santoso.

Aware that the espionage carried out by a person with the initials IM could damage the image and erode public trust in law enforcement agencies, the relevant officials spoke out. Coordinating Minister for Political, Legal and Security Affairs Marshal TNI (Ret.) Dr. (HC) Hadi Tjahjanto, SIP, National Police Chief General Pol. Drs. Listyo Sigit Prabowo, MSi, and Attorney General Prof. Dr. H. Sanitiar Burhanuddin, SH, MM, spoke in unison. "There's nothing wrong, everything is fine," said the statement made to the press.

However, the statement that there is nothing actually raises a big question mark. “The way people communicate has a purpose. In my opinion, simplifying the problem by saying there is nothing can be seen as an attempt to localize the problem. "But society and the media also have their own way of discussing this issue," said Sugeng.

This action proves that the relationship between the two law enforcement agencies is not good. "It's okay for the Coordinating Minister for Political, Legal and Security Affairs to say there's nothing wrong, everything is fine, and the Attorney General and National Police Chief will smile after being called by President Jokowi. But is that the reality?” said Sugeng Teguh Santoso rhetorically to Edy Suherli and Dandi Januar during a special interview at the VOI office in Tanah Abang, Central Jakarta, recently. Here is the complete excerpt.

Between the Police and the Prosecutor's Office, in the opinion of IPW Chairman Sugeng Teguh Santoso, there is a suspicion of land seizing behind the commotion of the Jampidsus Febri Andriansyah stalking case. (Photo Dandi January, DI Raga Granada VOI)

The police are back in the spotlight because members of Densus 88 stalked Jampidsus Febrie Adriansyah, what do you think happened behind this?

This is a bad act. He was not acting under official police command, the police brigadier was stalking Jampidsus. According to the information I received, a superior police brigadier gave the order. For what purpose? This is something that needs to be explored further. IPW advised Propam to carry out an investigation into this case. And Paminal has picked up the police who committed the violation. I hope that this error in the code of ethics and discipline will be processed.

Why is Jampidsus being monitored? This is really a question mark for many parties?

Yes, many people question this. Currently Jampidsus Febrie Adriansyah is handling a suspected tin corruption case worth IDR 271 trillion. During this examination, the name of a retired National Police General with the initials B appeared, which was published by the media citing the statement of Iskandar Sitorus, secretary of IAW (Indonesia Audit Watch). This is the leaked result of the investigation. The disclosure of the initial B caused a polemic. The problem is, there are 4 retired police generals with the initials B: Budi Gunawan, Bambang Hendarso Danuri, Badrodin Haiti, and Da'i Bachtiar. This is biased and detrimental to these four names. If the Prosecutor's Office wants to ask for information, just call those suspected of being involved, there's no need to hesitate.

Does this retired Police General still have influence to command the police who are still active?

That's what needs to be investigated more deeply. What is clear is that what Densus 88 officers did was outside of institutional orders. And he doesn't work alone, he has a boss. That's something anyone should check. This must be explained to clear the police's name.

Can it be said that the relationship between the Prosecutor's Office and the Police is not good in this case?

The action shown clearly in public by a member of Densus 88 who was stalking Jampidsus is proof that the relationship between the National Police and the Attorney General's Office is not good. It's okay for the Coordinating Minister for Political, Legal and Security Affairs to say there's nothing wrong, everything is fine, and the Attorney General and National Police Chief will smile after being called by President Jokowi. They also said there was nothing and everything was fine. But is that the reality?

In differentiation theory, the functions of the prosecutor's office and the police have different functions. According to the Criminal Procedure Code, the police have investigative authority, while the Prosecutor's Office has prosecutorial authority. These two institutions should collaborate, not fight and fight over land. Then in the mining law, if there is a criminal act in the mining environment, that is the police's area. Well, the prosecutor's office has taken over this mining matter, that's why I say things are not going well between these two institutions.

The prosecutor's office is arguing that there are allegations of major corruption in this tin case?

Oh, of course he will use that as an excuse so that they can come in and take part in handling this alleged tin corruption case.

Ideally, law enforcers should work together to eradicate cases, but what appears to be they are actually competing. Did you see this too?

Yes, that's what I and the public also see. The state has mandated law enforcers to uphold justice and eradicate criminal cases and corruption. Each institution according to its authority can carry out tasks, there is no need to compete like now. What I noticed was that personnel from this law enforcement agency wanted to stand out, be in the spotlight of the public. However, this expectation is carried out by encroaching on the authority of other parties, even though it is an approach to corruption cases.

The statements from the Attorney General, the National Police Chief, and also the Coordinating Minister for Political, Legal and Security Affairs are uniform, saying that there is nothing between law enforcement agencies, is this not a simplification of the problem?

The way people communicate has a purpose. In my opinion, simplifying the problem by saying there is nothing can be seen as an attempt to localize the problem. But society and the media also have their own way of discussing this issue. Please let the public have an opinion on this matter, remember not to break the law.

In this stalking case, were these police officers driven by business interests?

It's possible, and it's a big possibility. Moreover, there are allegations that a retired National Police general with the initials B was involved. In my opinion, the Prosecutor's Office will be straightforward, regarding B, summon and fingerprint, then explain the results to the public. Straightforwardness creates certainty in law enforcement. If you are not firm, there will be suspicions that one of the parties is looking for bargaining.

In this case, I received information that there was a police commissioner with the initials T who was suspected of carrying out instructions to IM to stalk Jampidsus. The National Police's internal investigation must reveal this case clearly. Just say, for example, that there is a violation of the code of ethics and abuse of authority.

 

Whatever defense is carried out, said IPW Chairman Sugeng Teguh Santoso, currently the relationship between the Police and the Attorney General's Office is not good. Therefore, this reality must be a correction in the relationship between the two institutions. (Photo Dandi January, DI Raga Granada VOI)

The murder case of Vina Cirebon, which has been viral for eight years, has gone viral again, the police are in the spotlight, what are your observations?

This is a new phenomenon, films are used to seek justice. Before the film Vina Before 7 Days, there was the film Ice Cold: Murder, Coffee and Jessica Wongso with the victim Mirna Salihin. These two films have caused polemics in our legal world. In the Vina murder case, 3 DPOs appeared.

My suspicion is that there was unprofessional conduct in the investigation of this case in 2016. The police appointed 3 DPOs without reliable information. This is the process of determining a suspect; the data is incomplete, the facial sketch is missing. The investigator's performance in 2016 must be examined by Propam. Investigators have now named a suspect, Pegi. We are waiting for the results of the investigation and the final process of this case. The police must resolve this case accountably and professionally. This means that investigators use expertise, scientific crime investigation, are strict and adhere to the procedures established by law. Investigators must adhere to a code of ethics. The police must respect human rights. Pegi must be accompanied by a professional lawyer. During the examination, Pegi must be free from psychological pressure.

The case of Vina's murder is exciting again, Pegi quickly emerged as a suspect, was there anything intentional about Pegi's appearance?

The investigator in this case is the West Java Police Criminal Investigation Directorate, Kombes Surawan. He was also the one who uncovered the case of a mother and child in Subang who died in a car, after being absent for 2 to 3 years. With that track record, we hope that Vina's case can be resolved.

This case also attracted the attention of President Jokowi, he asked the police to solve it, how do you see it?

Because the President has ordered the National Police Chief to oversee this case, the police must be more serious. The National Police Chief has ordered Bareskrim to investigate the West Java Regional Police Chief. It must be transparent and it is the investigator's obligation to explain why previously there were 3 suspects, but now why are there only Pegi, Dika and Andi? This must be clarified based on facts and evidence. Pegi who was arrested must now also be explained whether he was the one who did it.

Several decades ago in Yogyakarta there was the Sum Kuning case which was also shocking, it was suspected that the ruler's son was involved. Is that also the case in Vina's case?

It has not been confirmed whether Vina's case involves the ruler's children. The size is the established suspect. Because it's based on evidence, otherwise we can't make assumptions. If there were indeed children of officials involved, the other suspects, some of whom have already served their sentences, would know. Until now they have not said a word about it. Let's just wait for developments.

Regarding selective handling of cases, do you think the police still do that?

IPW recorded complaints from the public about the police being selective in handling cases. As many as 90 percent are about unfair and partial law enforcement. From what comes in, we will classify it again, if it is related to large capital owners fighting against the community, the community will definitely lose. So there is bias.

Then if someone who has political power faces society, society will also lose. If the litigants are equally strong, then the law will be enforced. Likewise, when fellow citizens who do not have money go to court, the law is enforced. IPW once asked Wasidik to explain a case, the response was slow, some were not responded to. Therefore, what the National Police Chief must pay attention to is the law enforcement function of the police. In order to provide justice to society, the integrity of investigators is very important.

There was also something that journalists noted, when the police held a press conference, the case was still not clear, which gave rise to interpretation. What is your suggestion for this?

Investigations and investigations are indeed something closed. But anyone who has been questioned can be told to journalists. Information about developments in transparency is in the case progress letter, this is something that is open and can be conveyed to the public. Public relations must be able to formulate answers, don't leave them unanswered. So police public relations must have strong communication skills.

No one is perfect, neither are police. When a police officer or retired police officer is at fault, the police cannot be selective. How do you see this?

It's impossible to eat oranges. Even if that were to happen, the oranges at which level would have to be the victims. If it happens at a high level it will cause a commotion, which happened in the Sambo case. But because it has been opened, it can't be helped that IPW was among those who opened this case.

Our police are very family friendly. They protect each other. Because you know the ulcers. Code of conduct for people who know they won't open each other's ulcers. So supervisory institutions such as Kompolnas, IPW, media, etc. are needed. The commotion that has occurred recently is normal, don't consider it useless. The problem is that many police are happy because their institution is being criticized. Those who are not happy are those who are in office and then criticized, hehehe.

What advice do you have for our police to be better and more professional in the future?

There has been a lot of input from IPW for the police. We need police like Hugeng. Every year the National Police Chief selects exemplary police officers who receive the Hugeng Awards. The police must not protect officers who violate them, if there are any, they will be dealt with and resolved procedurally and transparently.

Hopefully this hope will come true, and the Police can rise in rank, not be at the lowest level among police in other countries?

I also read the news that our police rank is at the bottom. As a police observer, I am also sad. The police are the president's men. Whether the police are good or not has something to do with the president's political will. We hope that the president will use the police as an instrument to protect society. For Pak Prabowo, I hope to choose a National Police Chief who will side with the community.

It turns out that because of this, Sugeng Teguh Santoso became an advocate

Sugeng Teguh Santoso initially dreamed of becoming a soldier, but when his house and his neighbor's house were evicted he was inspired by an advocate who defended them. Sugeng then decided to pursue the legal field. (Photo Dandi Januar, DI Raga Granada VOI)

Sugeng Teguh Santoso was moved to become a legal expert since he was in high school. He was called because he saw his family and neighbors from his village being evicted. There was a lawyer who was very persistent in defending them, this figure inspired him to pursue the world of law. His role as Chair of Indonesia Police Watch (IPW) is still intertwined with legal issues.

“I was moved to become a lawyer when I was in class II of high school. When I see injustice happening before my eyes. My family and neighbors from the same village were victims of eviction. We couldn't fight," said Sugeng, who at that time lived in the Mangga Dua Selatan area, Sawah Besar, Central Jakarta.

When there was chaos, there was an advocate from the Indonesian Advocates Association (Ikadin) who helped. “At that time in 1984, there was an advocate named Sunarto Surodibroto who defended us. He is truly a hero to us. Frankly, I was then inspired to be like him," recalled the man who was born in Semarang, April 13 1966.

Sugeng, who dreamed of becoming a soldier since childhood, changed his mind to becoming an advocate. "Actually, I already had an interest in becoming a soldier. But the eviction changed my ideals. Luckily, I was accepted at the Faculty of Law, University of Indonesia, otherwise there's no way I could have gone to college, because there was no money for a private school," admitted the author of the book Tragedi Hukum di Atap Sorga.

Trained at LBH  

According to Sugeng Teguh Santoso, even though he has his own law office, he never forgets to defend poor people who have legal problems. (Photo Dandi Januar, DI Raga Granada VOI)

After graduating from FH UI, some of his friends worked in government agencies and some in the private sector. However, Sugeng was not interested in following in their footsteps. “I have decided that I want to become an advocate. After finishing college, I studied at the Jakarta Legal Aid Institute (LBH). I got the skills and vision to defend the little people. Favoring the poor is maintained. Even though I have a law office, I still defend people who don't have one," said Sugeng Teguh Santoso, who has been practicing as an advocate for 34 years.

What makes him sad is that there are very few lawyers who can continue in his footsteps. "Indeed, there are many advocates who have emerged, but there are not many who have the guts, who side with the little people. "That's why I'm still holding on, even though I want to pass on the relay to the young," admitted Sugeng, who was ready to take all the risks when choosing to become an advocate.

According to Sugeng, the question of guts is very specific and not all advocates have it. “I was originally a victim of eviction. As an activist lawyer, I experience many risks. And I faced all of that," said Sugeng, who handled various cases such as Cicak and Buaya Volume 1, Ferdy Sambo, and reported Deputy Minister of Law and Human Rights Edward Omar Sharif Hiariej.

One experience that was very memorable for him was in 1990. "At that time I had just become an advocate, I defended a 12 year old hawker who was evicted in the Esok Penuh Harapan program led by Sudomo. A hawker was tried and detained or paid a fine of IDR 4,000. A police officer and I finally reached into our pockets to free him. I felt relieved that the child could go home," recalled Sugeng.

Entering the Political Stage

Sugeng Teguh Santosa aspires to collaborate law and politics, that's why he joined PSI.According to him, laws which are political products must side with the people and justice. (Photo Dandi Januar, DI Raga Granada VOI)

No matter how big the burden in handling the case, for Sugeng Teguh Santoso, he cannot get emotional or carry feelings. “No matter how serious the problem is, you must be able to sleep soundly. Otherwise, we can get stressed. Go home to sleep and the next morning exercise in the garden. "After that, go back to your routine as an advocate," he said, sharing tips.

Sugeng has land and gardens in the Candali area, Bogor Regency where he lives. "Previously the area was a swamp, I slowly cleared it and cultivated it, now it has become a camping and tourist site," he said smiling.

His interest in defending the weak and minorities led Sugeng to the political stage. In 2018 he was asked to become Chairman of PSI Bogor City. “At that time PSI was still small, because I was asked I was willing to help. "Five years of work has paid off, now there are PSI representatives in the Bogor City DPRD," said Sugeng.

Another goal of his is to collaborate law and politics. “Politicians can become a burden if they are corrupt. Politics and law must be combined. "Laws which are political products must side with the people and be fair," stressed Sugeng, who idolizes Soekarno.

It's not surprising that even in his appearance he always wears a hat. "This skullcap is not because of religion, it is because of nationalism and struggle like the one worn by Bung Karno. "Because it has become my trademark, I have always worn a skullcap in official appearances for the last eight years," said Sugeng, who is a member of the Legal Working Group for the Fellowship of Churches in Indonesia (PGI).

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Sugeng Teguh Santoso was a candidate for Deputy Mayor of Bogor in 2018 paired with Dadang Iskandar Danubrata (PDIP). "I know I won't win, but I'm satisfied, because I can show that minorities can also advance in regional head elections. This is a diverse Indonesia," he said, locking in the conversation.

"The way people communicate has a purpose. Simplifying the problem by saying there is nothing (between the police and the prosecutor's office) in my opinion can be seen as an attempt to localize the problem. But society and the media also have their own way of discussing this issue,"

Sugeng Teguh Santoso