JAKARTA - Five KPK leaders for the 2019-2023 period received criticism from the Indonesia Corruption Watch (ICW) because they were considered to be doing controversial things more often than doing corruption eradication work. ICW noted seven controversies by the KPK, after the inauguration of KPK Chair Firli Bahuri, KPK Deputy Chair Lili Pintauli Siregar, Nawawi Pomolango and Nurul Ghufron.
"First, failing to capture the fugitives. As it is known that two fugitives of the KPK are currently unable to be arrested, namely Harun Masiku and Nurhadi," said ICW researcher Kurnia Ramadhana in a written statement as quoted by VOI on Wednesday, March 25.
Harun Masiku is a suspect in the bribery case against KPU Commissioner Wahyu Setiawan. Harun is a PDI-P candidate from the South Sumatra I electoral district and at that time wanted to get a ticket to enter the Indonesian Parliament, replacing the candidate who died from his electoral district.
To smooth this out, Harun bribed Wahyu. Even though Wahyu and several other suspects have become suspects, Harun's whereabouts are still unknown.
The same thing happened to Nurhadi. Although the former Secretary of the Supreme Court was named a suspect in the bribery case, his whereabouts are not yet known. This anti-graft agency has made two summons, however, Nurhadi ignored it.
The two cases became controversial, said ICW, because the KPK had never arrested fugitives. "For example, former treasurer of the Democratic Party, M Nazarudin, can be arrested by the KPK in Colombia within 77 days," he said.
Five KPK leaders are also considered not transparent about the handling of existing cases. According to Kurnia, this was proven when several investigators of the institution were detained at the Police Science College (PTIK), Jakarta when they were about to pick up Harun Masiku before he was finally fugitive.
The lack of clarity of information, continued Kurnia, has never been corrected in the public until now. In fact, in the Hearing Meeting (RDP) with members of the DPR RI Commission III, none of the KPK leaders explained transparently what happened at that location until Harun then ran away.
Furthermore, another controversy that ICW noted was the matter of five arbitrary leaders with employees. This was seen when the KPK suddenly stopped investigator Kompol Rosa Purbo Bekti
"Even though the person concerned is currently handling a bribery case involving KPU commissioner Wahyu Setiawan and former PDIP legislative candidate Harun Masiku," Kurnia explained, adding that Kompol Rosa's tenure ended in September and the police investigator had never been subject to any sanctions at the KPK. .
Then, another controversy was when the KPK leadership seemed to be trying to cut the legal process against Harun Masiku. ICW suspects that they deliberately did this because it was to cover up their weaknesses in finding the PDIP candidates.
This is evident because instead of looking for Harun, the KPK considers it okay if Harun is not present at the trial or is in-absentia. Especially if it is based on Article 38 paragraph (1) of the Corruption Act. However, ICW still thinks this narrative is wrong.
"The method of trying corruption cases without the presence of the defendant is only possible when it is directly related to state losses. Meanwhile, the case that charged Harun Masiku with bribery," said Kurnia.
Then, in the leadership of Firli Bahuri cs, Kurnia also said that the number of prosecution had drastically decreased. If in the era of Agus Rahardjo cs, the KPK was able to arrest 87 times with 327 suspects, on 100 days of Firli's leadership, only two hand arrest operations (OTT) were carried out.
These two cases were bribes to the KPU commissioner Wahyu Setiawan and the Regent of Sidoarjo, which were actually inherited cases from Agus Rahardjo cs.
If the prosecution is reduced, the KPK in the era of Firli Bahuri cs is even considered to often hold meetings that have the potential to erode the values of independence and ethics of KPK officials. This is evident from January to February 2020, KPK commissioners have visited 17 state agencies, including three times visiting the Indonesian Parliament.
"This clearly illustrates that the KPK commissioners do not understand the importance of maintaining institutional independence. The pretext of socialization of prevention cannot be accepted with common sense because the prevention strategy has clear lines, approaches and technical policies," said Kurnia.
The latest controversy is over the dismissal of 36 cases at the investigation level. Although the KPK previously stated that during the era of Agus Rahardjo cs, investigations had also been stopped, ICW noted that this kind of publication was unusual and had never occurred at the KPK.
The reason is that this investigation is still possible to proceed to the level of investigation if additional evidence is found. "Apart from that in the Corruption Eradication Commission Law, the Anti-Corruption Act, and even the Criminal Procedure Code have never recognized the term publication termination at the investigation level."
Acting KPK spokesman for prosecution, Ali Fikri responded to criticism as evidence of ICW's love for the KPK. Such criticism, said Ali, would certainly be accepted and be an improvement for the performance of this institution.
"The KPK will continue to make every effort and work as much as possible together with other law enforcers and the public in the prevention and eradication of corruption so that the country we love together is free from corruption," said Ali.
He also said, although currently the COVID-19 outbreak is happening in Indonesia and causing hundreds of people to be hospitalized, the search for Harun Masiku and Nurhadi who are fugitives is also being carried out non-stop.
Ali said that investigators who work in the field are equipped with personal protective equipment (PPE) to maintain their health and carry out their duties.
"Information from friends in the field is still being searched. Of course with adjustments and staying alert to the spread of the corona outbreak, for example by wearing personal protective equipment," he said.
The KPK prosecutor also reminded the fugitives to surrender immediately, especially Nurhadi, whose pretrial was rejected twice by the South Jakarta District Court.
"Especially for DPO Nurhadi and friends, after the second praper decision was rejected, the KPK appealed to the KPK to surrender itself to the KPK and face the process, defend it professionally."
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