KPK Should Assume Control of Police Detainees, Antigraft Group Says

By webadmin on 05:31 pm Aug 08, 2012
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Rangga Prakoso, Farouk Arnaz, Ezra Sihite & Arientha Primanita

The Indonesian Anti-Corruption Society has filed a pretrial motion against the National Police at the South Jakarta District Court over the detention of four suspects in the Rp 197 billion ($21 million) driving simulator scandal.

“The detention is invalid because the police’s investigation is not valid,” the chairman of the group, known as MAKI, Boyamin Saiman, said on Tuesday.

Boyamin said the investigation by the National Police on the case was invalid because it contradicts Article 50 of Law No. 30/2002 of the Corruption Eradication Commission. The article states that other institutions are not authorized to carry out an investigation if the KPK has already investigated the case.

According to Boyamin, the KPK had already investigated the case and named former head of the National Police’s traffic division, Insp. Gen. Djoko Susilo, a suspect.

“We will sue the National Police chief, KPK and the attorney general,” Boyamin said. “These people will have to prove, in court, the time when their probe into the case began.”

If the pretrial motion is accepted and the four suspects are released from detention, Boyamin will ask the judges to hand over the suspects and the case to the KPK.

The National Police have detained Brig. Gen. Didik Purnomo, the current deputy chief of the traffic division, as well as Adj. Sr. Comr. Teddy Rismawan, Comr. Legimo and Citra Mandiri Metalindo Abadi director Budi Susanto.

The KPK’s investigation into the corruption claims surrounding a Rp 197 billion purchase of driving simulators has drawn controversy from the beginning.

Police reportedly prevented the KPK from seizing documents related to the project from the traffic division’s office in East Jakarta, a standoff that ended only after an agreement between the two law enforcement bodies was reached.

The antigraft body charged Djoko with allegedly receiving Rp 2 billion in bribes from the two companies that were awarded the lucrative tender for the simulators. The KPK has also charged three other officers in the case.

Police said they started investigating the case before the KPK, and accused the antigraft body of interfering.

Three lawyers asked the Constitutional Court on Monday to provide a definite legal interpretation on the KPK Law, especially Article 50, Paragraph 3. The lawyers hope a court ruling will clearly establish the KPK’s jurisdiction.

Although it has detained several suspects, the National Police’s anti-corruption directorate has yet to detect any payments to them.

The police said the suspects were only suspected of violating the law to “amass wealth for other people.”

“We haven’t been able to reveal the flow of funds to them [the suspects] from the winning vendors. The corruption aspect can come in the form of violations of the law, amassing wealth for oneself or others, and incurring a state loss,” National Police spokesman Boy Rafli Amar said on Tuesday.

Boy said the case emerged because there was an aspect of amassing wealth for other people because the driving simulators were bought at a price that enabled the vendors to gain huge profits.

“We can suspect an irregularity in this process,” Boy said. “But whether they [won] because of bribery or conspiracy, we haven’t found that yet.” Boy said that the project value for two-wheel vehicle simulators was Rp 127 billion, and Rp 45 billion for four-wheel simulators.

A deputy speaker at the House of Representatives, Pramono Anung, said the police had a vested interest in the case and should bow out.

President Susilo Yudhoyono has vowed to not get involved.