JAKARTA - The Supervisory Board of the Corruption Eradication Commission (KPK) refuses to report KPK Deputy Chairman Lili Pintauli Siregar to law enforcement officers for alleged criminal violations because he met the litigant, the inactive Tanjungbalai Mayor, M Syahrial.
This was conveyed through a reply letter from the KPK Council which was signed by Indriyanto Seno Adji on September 16.
The letter was addressed to the former Director of Inter-Commission Network Development and KPK Agencies Sujanarko and two inactive KPK investigators Novel Baswedan and Rizka Anungnata. The three are known to have sent a letter to the KPK Council on September 1 last.
Through the letter, Indriyanto said that he refused to report Lili to other law enforcement officers because this report was not included in his duties.
"That the problem you have conveyed is not related to the duties of the KPK Supervisory Board as stated in Article 37 B of Law No. 19 of 2019 concerning the Corruption Eradication Commission," said Indriyanto in the letter quoted on Sunday, September 19.
In addition, he also said that the reporting of alleged criminal acts by Lili due to meeting with M Syahrial was an ordinary offense, not a complaint offense. "So that anyone can report to law enforcement and the Supervisory Board does not have to report it," said Indriyanto.
Furthermore, through the letter, he stated that the KPK Council was not a State Civil Apparatus (ASN). Thus, Tumpak Hatorangan Panggabean et al. feel they have no obligation to report the alleged criminal acts committed by Lili Pintauli Siregar as referred to in Article 108 paragraph (3) of the Criminal Procedure Code.
"The Supervisory Board has no obligation to report any suspected criminal acts committed by Lili Pintauli Siregar as referred to in Article 108 paragraph (3) of the Criminal Procedure Code," he said.
Finally, Indriyanto said that Novel Baswedan et al's request could not be carried out because if the KPK Council forwarded ethical decisions to law enforcement officers to be handled criminally, it would potentially cause a conflict of interest. The reason is that the ethics board has examined and decided what Lili did.
Not only that, the Corruption Eradication Commission (KPK) Council also considers the reporting of alleged criminal acts against Lili based on fairness to be inappropriate.
"That there is no provision in the Supervisory Board Regulation regarding the Code of Ethics and Code of Conduct that requires the Supervisory Board to report suspected criminal acts committed by the Corruption Eradication Commission Personnel.
As previously reported, Novel Baswedan et al asked for a criminal report for Lili because of the violation she committed, namely in direct contact with the inactive Tanjungbalai Mayor M Syahrial, a suspect in the bribery case of buying and selling positions.
"That it has become a basic principle for supervisory agencies including BPKP, BPK, and other supervisory institutions, that if a criminal element is found in the examination, the supervisory agency is obliged to report it to the authorized party, namely law enforcement," Novel said in a written statement quoted on Friday, 4 September.
According to him, this report was based on the decision of Tumpak Hatorangan Panggabean et al which stated that Lili was legally proven to have violated Article 4 Paragraph (2) letter a of the Regulation of the KPK Supervisory Board Number 2 of 2020.
"So indirectly, the Supervisory Board stated that all LPS actions that were legally proven had also committed acts prohibited in Article 36 of Law Number 20 of 2002, which means that a criminal violation has occurred," said Novel.
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