Justifying OTT KPK Perdana In The Firli Bahuri Era Without The Permission Of The Board Of Supervisors

KPK logo (Syamsul Ma'arif/VOI)

JAKARTA - The Corruption Eradication Commission (KPK) conducted a hand arrest operation (OTT) Sidoarjo Regent Saiful Ilah. These arrests, without asking permission from the KPK Supervisory Board, even though they did wiretap. In accordance with the new KPK regulations, KPK wiretapping must request permission from the Supervisory Board.

KPK Supervisory Board member Syamsuddin Haris stated that the KPK leadership did not need to ask permission to carry out the wiretapping of the Sidoarjo Regent Saiful Ilah's OTT. This step was also taken by the KPK in handling the OTT case of KPU Commissioner Wahyu Setiawan.

"Regarding the KPK OTT in Sidoarjo and the KPU commissioners, there are no requests for wiretapping permits from the supervisory board," said Syamsuddin when confirmed by reporters, Wednesday, January 8.

The reason was, at that time the leadership was still using the old KPK law procedures and the process of investigating and wiretapping the two cases had happened since Agus Rahardjo's leadership, which did not yet have a KPK Supervisory Board.

According to him, the KPK Supervisory Board also understands the steps taken by the leadership of the anti-graft agency to implement OTT without their consent. This is because there is no organ that regulates this council as the Perpres has just been signed.

"Dewas does not have an organ because the Perpres on Dewas's organ has just been passed. Because it is still transitional from the old law to the new law, Dewas can understand the steps taken by the KPK leadership," he said.

The Coordinating Minister for Political, Legal and Security Affairs (Menkopolhukam) Mahfud MD did not question this OTT without the permission of the Supervisory Board. He said this was normal because the silent operation had been carried out for a long time before the new KPK leadership was appointed on Friday, December 20, 2019.

"If the OTT spies on (the investigation) it will take months, so the order and approval of peeking based on the old law applies," said Mahfud MD at the Kemenkopolhukam Office, Jalan Medan Merdeka Barat, Central Jakarta, Thursday, January 9.

The former Chief Justice of the Constitutional Court (MK) emphasized that this prosecution operation could have been initiated from the previous leadership of the KPK. It's just that, legal responsibility remains under Firli Bahuri cs and the KPK Supervisory Board who are already bound by legal assumptions.

So that there won't be any problems, even if the wiretapping was carried out without the permission of the supervisory board. "Because it's not enough for two months to tap people to the OTT. So, it's okay there isn't a legal problem there," he said.