KPK Plans To Stop Old Cases, What Are The Major Cases That Stagnate Annually At The KPK?

KPK / ANTARA Building

JAKARTA - The Corruption Eradication Commission (KPK) is in the spotlight after declaring the opportunity to issue a letter of termination of investigation and prosecution (SP3) against a corruption case that has stalled for more than two years. Deputy Chairman of the KPK Alexander Marwata said this could have been done because of Article 40 of the Corruption Eradication Commission Law Number 19 of 2019.

What are the cases that are stuck at the KPK?

Some time ago, at a press conference for the 2020 KPK Performance, KPK Deputy Chairperson Nawawi Pomolango explained four cases that were still owed by the anti-corruption commission to be resolved, namely the alleged corruption of Bank Indonesia Liquidity Assistance (BLBI) Certificate with the suspect Sjamsul Nursalim and Itjih Nursalim; case of alleged corruption in the procurement of three units of Quay Container Crane (QCC) at PT Pelindo II with the suspect, the former President Director of PT Pelindo II, RJ Lino.

Then, the case of alleged bribery for the management of Interim replacement (PAW) of DPR members with the suspect former PDIP candidate Harun Masiku; and the case of alleged corruption in the e-KTP project with the alleged Managing Director of PT Shandipala Arthaputra, Paulus Tanos.

In the SKL BLBI case, Nawawi stated that the KPK would try to complete the investigation of Sjamsul and Itjih who had been fugitives since mid-2019. This is because the Supreme Court (MA) through the Kasasi decision has released the former Head of the Indonesian Bank Restructuring Agency (IBRA), Syafruddin Arsyad Temenggung. from the punishment of the case.

"The decision to release the defendant from all legal charges (onslag van alle rechtsvervolging) resulted in two suspects still being investigated. Investigators are still trying to resolve the case," said Nawawi.

For the corruption case at PT Pelindo II, the KPK faces obstacles in calculating state financial losses. This is because the company from China, Wuxi Huangdong Heavy Machinery (HDHM), which is implementing the project, was reluctant to submit the QCC price documents they sold to PT Pelindo II.

In an effort to overcome these obstacles, the KPK is collaborating with the Supreme Audit Agency (BPK) to calculate state financial losses and they have received a state loss calculation report from the BPK related to maintenance pending the completion of the calculation of losses related to the procurement of QCC.

Meanwhile, in the case of alleged PAW bribery, DPR members, Nawawi emphasized that the KPK is still trying to hunt down Harun Masiku who has been on the wanted list (DPO) or a fugitive since January 17, 2020. In an effort to hunt down Harun, the KPK continues to coordinate with the National Police Criminal Investigation Unit. "And monitoring or monitoring the whereabouts of the suspect HM (Harun Masiku)," he explained.

Meanwhile, regarding the e-KTP corruption case, the KPK encountered problems because Paulus Tanos was abroad. Paul is said to be in Singapore. For this reason, the KPK is still looking for existence through coordinating with the Singapore anti-corruption agency or the Corrupt Practices Investigation Bureau (CPIB).

"In addition, (KPK) collaborated with PPATK to find out the flow of money and assets resulting from corruption from the suspects," said Nawawi.

Regarding the arrears above, the KPK emphasized that it would promise to solve it in 2021. This must be done so that the principles of legal certainty and justice can be achieved.

Previously reported, the KPK opened the opportunity for a halt to investigations into a number of corruption cases. Moreover, based on Article 40 of the Corruption Eradication Commission Law Number 19 of 2019, it is stated that this anti-corruption agency can stop investigations and prosecutions of cases where the investigation and prosecution has not been completed within a maximum period of two years.

"There is a possibility (SP3, red) because after we have mapped there are several cases that still remember when the suspect was named in 2016 until now it has not been raised either. What is the reason, later we will ask to be combed. it is possible to continue or not, "said Alex to reporters at the Red and White KPK building, Kuningan Persada, South Jakarta, Tuesday, March 2.

To do this, he also said that the KPK already has a standard operating procedure (SOP). Among other things, this termination can be done after more than two years of no longer finding sufficient evidence or the suspect not worthy of being brought to trial (unfit to stand trial). Furthermore, the KPK will ask for an expert opinion as a second opinion.

"The expert's opinion says there is no possibility of raising the case or for example not being fit to trial, not being able to be submitted to trial, yes, why should we hang on to it," he explained.

Then, according to the provisions, the KPK will have to be open to the public regarding the termination of an investigation or prosecution of a case. "What is clear is that we will be transparent. So it is not solely because of the leadership's decision. We will expose, title cases," he said.

In addition, the KPK leadership can revoke the termination of investigation and prosecution if new evidence is found at a later date which can invalidate the reasons for termination of investigation and prosecution, or based on a pretrial decision as referred to in the legislation.