The Issuance Of SP3 For The First Time Which Is Considered A Bad Effect Of The Revision Of The KPK Law

Corruption Eradication Commission Building (Photo of Irfan Meidianto / VOI)

JAKARTA - The Corruption Eradication Commission (KPK) has stopped its investigation into the corruption case with the issuance of a Bank Indonesia Liquidity Assistance Certificate (SKL). However, the termination of the investigation for the first time has received the attention of many parties.

Indonesia Corruption Watch (ICW) researcher Kurnia Ramadhana said the termination of this investigation was the effect of the revision of the KPK Law that occurred in 2019. The enactment of Law Number 19 of 2019 is considered beneficial for perpetrators of criminal acts of corruption.

"Slowly, but surely, the bad effects of the enactment of Law Number 19 of 2019 are increasingly benefiting the perpetrators of corruption. In addition to the slowing down of the prosecution process, this time the KPK has actually stopped major cases by issuing an Order to Stop Investigation (SP3)", said Kurnia written statement, Saturday, April 3.

The authority of the KPK to terminate investigations or issue an Order to Stop Investigation (SP3) which is regulated in Article 40 of the KPK Law Number 19 of 2019 is also considered to be contrary to the 2004 Constitutional Court (MK) decision. Kurnia said that at that time, the Constitutional Court emphasized that the KPK was not authorized to issue SP3 to prevent abuse of power.

The reason is that the issuance of SP3 is very likely to become a corruption case with various patterns. "For example, negotiations for the termination of cases with suspects, or perhaps further, were used by structural KPK officials to fulfill their promises when participating in the selection of officials at the anti-rasuah institution", he said.

Instead of stopping the investigation, the KPK should have obtained information from the two suspects, in this case, namely the husband and wife of the controlling shareholder of Bank Dagang Nasional Indonesia, Sjamsul and Itjih Nursalim. This must be done to see an opportunity to continue handling the case.

Kurnia also urged the Corruption Eradication Commission to immediately hand over files to the State Attorney General so that the civil lawsuit as stipulated in Article 32 of the Corruption Eradication Law. This is important to do to get Sjamsul Nursalim accountable for his actions that have cost the country's economy up to trillions of rupiah.

"If this lawsuit is not filed immediately, the perpetrator has the potential to repeat his actions in the future", he said.

He also asked the KPK to emphasize that this termination did not mean closing the possibility of ensnaring Nursalim. "Because, Article 40 paragraph (4) of the KPK Law explains that SP3 can be revoked when new evidence is found and a pretrial decision", said Kurnia.

Criticized by the former

Not only ICW, but several former officials at the KPK also commented on the KPK's decision to issue SP3 for the case that ensnared Sjamsul and Itjih Nursalim and the former Chairman of IBRA, Syafruddin Arsyad Tumenggung.

Former KPK spokesman Febri Diansyah satirically said the SP3 which was issued for the first time by the KPK was "one proof of the benefits of the revision of the KPK Law", he said through his Twitter account @febridiansyah.

He also alluded to the statement of the KPK leadership which said that the revision of the KPK Law was a form of strengthening not weakening. So, the corruptors need to thank those who have revised the KPK Law.

"The KPK announced the first case that was SP3. The case previously investigated with indications of a state loss of IDR 4.58 trillion", said the anti-corruption activist.

"Remember, as is often repeated by the current KPK leadership: KPK is NOT WEAK! The revision of the KPK Law further strengthens the KPK", added Febri.

Meanwhile, Saut Situmorang, the former deputy chairman of the KPK, thinks that the anti-graft commission is unclear after issuing the SP3 on the suspected corruption case of SKL BLBI. He even said this kind of thing was expected to happen.

"It has been predicted like that. The law will indeed have a paradox if it does not use conscience. The law and our current anti-corruption body are between becoming certain or increasingly uncertain", said Saut when contacted via text message.

Saut said that all parties were asked to continue to pay attention to this matter. Because, various reasons may justify the termination of corruption cases, including the BLBI. "Everything can be justified between whether the SP3 case is black or white. Just enjoy the storyline", he said.

Previously, the KPK officially stopped the investigation into the corruption case in the issuance of the Bank Indonesia Liquidity Assistance Certificate (SKL). Also, the anti-graft commission provided an opportunity to stop investigations into other old cases.

Through a press conference, KPK Deputy Chairman Alexander Marwata stated that the SKL BLBI corruption case involved three people, namely Sjamsul Nursalim and his wife, Itjih Nursalim, and Syafruddin Arsyad Tumenggung. This is the first time that the KPK has issued a Letter of Termination of Investigation and Prosecution (SP3) in investigating a corruption case.

"We announce the termination of the investigation regarding the alleged corruption crime committed by the suspect SN (Sjamsul Nursalim) as the controlling shareholder of Bank Dagang Nasional (BDNI) and ISN (Itjih Sjamsul Nursalim), together with SAT (Syafruddin Arsyad Tumenggung) as chairman of IBRA", Alex said as quoted from the KPK RI YouTube account, Thursday, April 1.

He explained the termination of this investigation was based on Article 40 of the Corruption Eradication Commission Law Number 19 of 2019. As law enforcers, said Alex, of course, the anti-graft commission had to obey it.

He also said that the issuance of the Letter of Termination of Investigation and Prosecution (SP3) was also carried out as a form of providing legal certainty by applicable regulations. "As mandated by Article 5 of the Corruption Eradication Commission Law, namely in carrying out its duties and authorities the KPK is based on the principle of legal certainty", he said.