Again Questioning The Reasons Why UNJ's OTT Was Delegated To The Police

Gedung KPK (Muhammad Iqbal / VOI)

JAKARTA - Some time ago the Corruption Eradication Commission (KPK) charged the Head of Personnel at the State University of Jakarta Dwi Achmad Noor in an arrest operation (OTT). However, the agency delegated this case to the police. The reason was, in that case there was no element of state administration.

Indonesia Corruption Watch (ICW) questions this. ICW researcher Kurnia Ramadhana assessed that this case transfer should not have been implemented. The reason was, in this case, there was a request for a sum of money from the Rector of UNJ Komarudin.

This was proven by the statement issued by the KPK and this was what convinced ICW that Komarudin was involved in the case.

"It was clear at the beginning of the KPK press release that there was an alleged involvement of the Rector of UNJ, who gave instructions from various faculties and research institutions," said Kurnia as quoted from his written statement, Thursday, June 4.

Kurnia also emphasized that the position of Chancellor of the State University is a state administrator. This is reinforced by Law Number 28 Year 1999 Article 2 paragraph 7 which states that the Leaders of State Universities are categorized as state administrators.

In addition, Komarudin is also noted to periodically report the State Administrators Asset Report (LHKPN). Based on the KPK website, the Chancellor of UNJ was recorded as having reported his LHKPN in 2019.

Moreover, making the Chancellor a suspect in the alleged corruption crime has been committed by the KPK. In 2016, the KPK appointed former Chancellor of Airlangga University Fasichul Lisan as a suspect.

At that time, Fasichul was suspected of abusing his authority in the construction project of a Teaching Hospital at Airlangga University. From his actions, the former Chancellor has caused losses to the state amounting to Rp. 85 billion.

"Of course this precedent indicates that the Corruption Eradication Commission considers that the Chancellor is an inseparable part of the state administration element," said Kurnia.

Two articles that can be used by the KPK

Kurnia said the KPK could charge Komarudin with two articles related to corruption. The first article is allegations of extortion or illegal levies.

According to him, this article could be applied because from the case it was explained that the Chancellor of UNJ, Komarudin, asked the Dean of the Faculty of UNJ and other institutions to collect funds of Rp. 5 million. This fund, said Kurnia, was planned for holiday allowances (THR) for Kemendikbud employees.

"(This) can be categorized as an act of extortion or illegal levies and this is regulated in Article 12 letter e of Law Number 20 Year 2001," said Kurnia.

"Simply put, what are the logical arguments that can justify the action of the Rector of UNJ to provide THR using funds from the faculty and research institutions," he added.

The KPK, continued Kurnia, had also handled cases with the use of this article. This happened in 2013 when this anti-corruption agency charged Pargono Riyadi with the Regional Office of the Directorate General of Taxes Civil Servant Investigator. At that time, Pargono allegedly extorted a taxpayer named Asep Hendro for Rp. 125 million.

The second article is the alleged criminal act of bribery. This conclusion was obtained from an incident when the Head of Personnel of UNJ provided funds to employees at the Ministry of Education and Culture based on the initiative of Rector Komarudin.

This should be the basis for the application of Article 5 of the Corruption Act and the perpetrator can be sentenced to a maximum of five years in prison.

"In this context, because the donor is suspected to be the Chancellor who incidentally is mentioned in Law 28/1999 as state administrator, of course the KPK can follow up," he said.

He also considered that it would be a mistake for the KPK to think that the Chancellor of UNJ was not involved because the one caught in the OTT was only the Head of the UNJ Personnel Division. "Because, from the start, the one who had the initiative to give some money to Kemendikbud employees was the Rector himself," he said.

Regarding the party suspected of being the recipient of not being state officials, Kurnia assessed that the KPK often handles cases like this. According to this ICW researcher, the KPK can still determine the suspect by using the accompanying article, namely Article 55 of the Criminal Code.

"Because Article 55 of the Criminal Code mandates that a person involved in a case whether requesting or committing a criminal act can be charged with the main article by including Article 55 of the Criminal Code. So actually it is very clear that this case can be handled by the KPK," he explained.

The beginning of the case before being delegated

On May 21, through a written statement, KPK Deputy for Enforcement Karyoto announced that he had carried out a silent operation within the Ministry of Education and Culture and ensnared UNJ's Head of Personnel, Dwi Achmad Noor.

He detailed, this OTT began when the KPK received information on May 13, UNJ Chancellor Komarudin asked the deans of faculties and institutions at UNJ to collect Rp. 5 million each through Dwi Achmad Noor.

Furthermore, on May 19, the money was collected amounting to Rp. 55 million from 8 Faculties, 2 Research Institutions and Postgraduate. This money will then be handed over to this official at the Ministry led by Nadiem Makarim.

"The money is planned to be handed over to the Director of Resources at the Directorate General of Higher Education, Kemendikbud and several HR staff at the Ministry of Education and Culture as THR," said Karyoto.

Illustration (PIxabay)

On May 20, Dwi brought Rp37,000,000 to the Ministry of Education and Culture's office. Subsequently, it was handed over to the Ministry of Education and Culture's HR Department for IDR 5 million, the Personnel Analyst for the Ministry of Education and Culture's HR Bureau for IDR 2.5 million, and two Kemendikbud HR staff, Parjono and Tuti, each of IDR 1 million.

Then, the Inspectorate General of the Ministry of Education and Culture informed the KPK about the provision of a sum of money. Furthermore, the KPK team together with the Inspectorate General of the Ministry of Education and Culture secured Dwi and evidence in the form of money amounting to US $ 1,200 and Rp. 27,500,000.

In this operation, the KPK arrested seven people, namely UNJ Chancellor Komarudin, UNJ Head of Personnel Dwi Achmad Noor, Dean of the Faculty of Education UNJ Sofia Hartati, Personnel Analyst at the Ministry of Education and Culture's HR Bureau Tatik Supartiah, Ministry of Education and Culture Chief of Staff Diah Ismayanti, Ministry of Education and Culture HR Staff Dinar Suliya, and the Ministry of Education and Culture's HR staff, Parjono.

Unfortunately, after successfully securing several people from the OTT, the KPK did not investigate this case. Because, this case was submitted to the police. The reason was that the people who were arrested did not have elements of state officials. That way, the KPK is not authorized to handle it.

"After the investigation was carried out at the KPK building, elements of state administrators had not been found. Given the authority, main duties and functions of the KPK, the case was transferred to the Police," said Karyoto.

However, until now no suspect has been charged in this case. The seven people who were arrested during the silent operation were only subject to mandatory reporting. While UNJ clarified the arrest, Komarudin was not arrested.

They also said there was no involvement of state officials and asked all parties to prioritize the presumption of innocence.