KPK's Strategy To Abort Setya Novanto's Pretrial

Setya Novanto is wearing an orange vest typical of KPK detainees. (VOI/Wardhany Tsa Tsia)

JAKARTA - Law enforcement in Indonesia often invites criticism. All because the law like sided with those who have capital and have positions. This condition was shown in the 'drama' of the corruption case that ensnared Setya Novanto (Setnov).

The chairman of the 2016-2017 DPR RI did not bother when the Corruption Eradication Commission (KPK) named him a suspect in the e-KTP corruption. The option of suing the status of a suspect through pretrial was carried out and succeeded. The KPK did not remain silent. The KPK is planning to cancel the second pretrial of Setnov.

The matter of opening corruption cases is never easy. The KPK once felt it when investigating the e-KTP corruption case. Initially, the Ministry of Home Affairs (Kemendagri) planned the e-KTP to be included in the national strategic project in 2009 The project ran from 2011-2012. However, problems arose.

Indications of inflating funds have been detected by the KPK. The anti-corruption agency conducted an investigation and stalled. Everything changed when the former Democratic Party General Treasurer, Muhammad Nazaruddin tweeted.

He mentioned the name Setnov, who at that time served as Chairman of the DPR RI, was involved in the e-KTP case in 2017. Nazaruddin's tunding was not throwing stones and hiding hands. The role of Setnov, who was the determinant of the winner of the e-KTP tender, was mentioned.

Nazzaruddin even said that Setnov's profits were in the procurement of e-KTP. The project, which costs trillions of rupiah, was able to make Setnov a profit. Setnov is considered to have received funds of around Rp. 574 billion.

The KPK did not want to be left behind. They immediately investigated Nazzaruddin's tweet. Pucuk loved by Ulam arrived. The KPK then named Setnov as a suspect. The determination did not include Setya being detained immediately. Setya is reportedly sick so the KPK could not examine him.

Many people suspect that Setnov is looking for a way to thwart his determination as a suspect. It is rumored that he will use the pretrial option. An option that is proven to be able to free the perpetrators of corruption.

Supervision of the Setya case is very important because pretrial has proven to be a weak point in the legal process. There have been many corruption suspects who have been charged by the KPK pass through this route. Two years ago, Police Commissioner General Budi Gunawan was released from the snare of a corruption case after suing pretrial and was granted by judge Sarpin Rizaldi.

The former Director General of Taxes and Chairman of the Supreme Audit Agency Hadi Poernomo passed the same road to escape corruption cases. And finally, Regent Nganjuk Taufiqurrahman escaped from the KPK's snare after winning the pretrial last March, "is written in a Tempo Magazine report entitled Siasat Qualifying Setya Novanto (2017).

Setnov also took the pretrial option. The pretrial submission was submitted to the South Jakarta District Court. Setnov wants the status of the suspect assigned to him to be canceled immediately. As a result, the opportunity for Setnov to lose the KPK is wide open.

The narrative is not just an empty message. Setnov can breathe a sigh of relief if his request is granted through pretrial. All because the pretrial decision has permanent legal force. Alias, the KPK will find it difficult to use further legal options to ensnare Setnov.

Ulam's beloved pinnacle arrives. The thing that the Indonesian people fear will come true. Setnov was able to breathe a sigh of relief when the Jakarta District Court through judge Cepi Iskandar released him from the suspect's status on September 29, 2017.

The decision was made because the evidence owned by the KPK had been used on the previous suspect. The evidence could no longer be used to ensnare Setnov. The verdict shocked the whole of Indonesia. Criticism arose from everywhere.

Many consider Indonesian law to be on the spot. Alias, Indonesian law is like being prepared to defend who pays. Instead, Setnov only beat the KPK, but he also treated Indonesian law enforcement.

The KPK did not want to be defeated. The strategy was also played. The investigation was carried out. The KPK determined the status of a new suspect to Setnov. The effort was rewarded with the same strategy by the Setnov camp: pretrial. However, the KPK deliberately did not attend the trial so that the pretrial decision had not yet been decided.

In fact, it was just a tactic. The KPK moved quickly to complete the file and was immediately submitted to the Corruption Court. This condition is in accordance with Article 82 paragraph 1 letter d of the Criminal Procedure Code, the pretrial will be dropped after the file is transferred to the Corruption Court.

This strategy made the sole judge Kusno decide the status of Setnov's second pretrial to fall on December 14, 2017. The verdict was then effective in ensnaring Setnov as one of the corruptors convicted in the e-KTP case. He was sentenced to 15 years in prison and was required to pay a fine of Rp. 500 million, a subsidiary of three months in prison in 2018.

"Determining the pretrial submitted by the applicant (Setnov) on the death," said Judge Kusno in his decision at the South Jakarta District Court as quoted on Detik.com page, December 14, 2017.