Ensuring That The KPK's Functions Are Not Slackened By Pre-Trial Post-New Laws

KPK press conference (Wardhany Tsa Tsia/VOI)

JAKARTA - The history of the Corruption Eradication Commission (KPK) has entered a new phase with the enactment of the new KPK Law. It is feared that the enactment of the Law will open up a lot of legal remedies through pretrial. The function of the Corruption Eradication Commission (KPK) as corruption eradication is yet another concern.

The KPK has just named Sidoarjo Regent Saiful Ilah as a suspect in the bribery of the project procurement within the Sidoarjo Regency Government. Saiful Ilah was arrested through a hand-arrest operation (OTT) carried out by the KPK prosecution team.

However, this action is considered to have the potential to backfire for the Anti-Corruption Agency. According to the Indonesia Corruption Watch (ICW), the enactment of Law Number 19 of 2019 concerning the Corruption Eradication Commission opens many gaps in KPK law enforcement. And that loophole has the potential to invite pretrial lawsuits.

"ICW believes that in the future the KPK will face many pretrial challenges regarding the prosecution process due to the new KPK Law," said ICW researcher Kurnia Ramadhana in a written statement, Wednesday, January 8.

Alexander Marwata (Wardhany Tsa Tsia / VOI)

This lawsuit could arise due to loopholes in the obligation to obtain wiretapping permission from the Supervisory Board in conducting OTT. According to Kurnia, this is considered to have damaged the KPK's system of prosecution, which is known to be fast, including in the OTT.

"It's simple, how could catching hands be effective if wiretapping takes a long time because it has to go through the Supervisory Board's permission," he said.

"In fact, the presence of the Supervisory Board in the new KPK Law will actually destroy the KPK's system of prosecution which has been known to be fast, precise, and proven to have caught hundreds of corruption perpetrators in court," Kurnia added.

Responding to ICW's statement, KPK Deputy Chairman Alexander Marwata said that his party was not worried about a flood of resistance due to Law Number 19 of 2019 which was considered to have a gap. He even said that the anti-graft agency would be ready to face all legal attempts by corruptors.

"Is the KPK worried about (many pretrial lawsuits)? No. We are not worried," said Alexander after holding a press conference for the determination of the Sidoarjo Regent suspect at the KPK's Red and White Building, Kuningan Persada, South Jakarta, Wednesday, January 8.

He emphasized that pretrial filing is the right of every suspect in a case. Alex even emphasized that anyone who is not satisfied with the issuance of an investigation warrant (Sprindik) can file a pretrial. "Please (submit) later we will be answered in pretrial," he said.

It is known that the Regent of Sidoarjo, Saiful Ilah, was named a corruption suspect after allegedly receiving a total of Rp. 550 million from a private party who is a contractor, namely Ibnu Ghopur. The handover of this money was a commission for Saiful's assistance because he had won Ibnu's business.

Apart from Saiful, there were three other people who were named suspects, they were the Head of the Public Works, Bina Marga, and Water Resources Office of Sidoarjo Regency, Sunarti Setyaningsih; Commitment Making Officer for the Public Works, Bina Marga, and Water Resources Service Office of Sidoarjo Regency, Judi Tetrahastoto; as well as the Head of the Sanadjihitu Sangadji Procurement Service Unit.

For their actions, Saiful and his subordinates were later suspected of violating Article 12 paragraph (1) letter a or b or Article 11 of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption in conjunction with Article 55 paragraph (1 ) 1st KUHP.

Meanwhile, as the givers, Ibnu Ghopur and Totok Sumedi who were private parties were then accused of violating Article 5 paragraph 1 letter a or b or Article 13 of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption in conjunction with Article 55 paragraph (1) 1st of the Criminal Code.