Lawmakers Wade Into Susno Detention Spat
Armando Siahaan |
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Lawmakers pledged on Thursday to support revisions of the 2006 Law on the Protection of Witnesses and Victims in the wake of a dispute between the National Police and the Witness and Victim Protection Agency over the detention of high-profile whistle-blower Comr. Gen. Susno Duadji.
Members of the the House of Representatives legal commission said amending the law was crucial after meeting with the Witness and Victim Protection Agency (LPSK) on Thursday.
“When someone has dual status [as a whistle-blower and a suspect], who has the authority to provide him or her with protection?” said Abdul Haris Semendawai, chief commissioner of the LPSK.
He made the comments a day after acknowledging that his agency had failed in its attempt to take custody of graft suspect Susno, who is being detained by police in Depok.
The LPSK had promised to protect Susno after he claimed to be getting death threats while being held at the Mobile Brigade (Brimob) facility.
The two bodies had been at loggerheads over where Susno should be housed for the better part of a week.
Abdul Haris said this was a clear dispute over “authority issues” when it came to potential witnesses who were also suspects, pointing to a conflict in the 2006 Law and the Criminal Code Procedures (Kuhap).
Article 10 of the law, he said, stipulated that an individual who turns state’s witness may only plead for leniency. Indonesian law does not allow plea bargaining in exchange for cooperating in graft cases.
The law, according to the presidentially appointed Judicial Mafia Eradication Task Force, did not stipulate the level of leniency or what the LPSK’s role should be in protecting a whistle-blower.
He said that Article 33 of the Law, which states that protection can only be provided by the agency following a written request by the witness or the victim, also needed to be revised.
“The LPSK wants the authority to place a witness under our protection without a written request. We want to be able to afford protection based on our own judgments,” Abdul Haris said.
Lawmakers at the meeting, called into question the LPSK’s resolve in going head to head with the National Police before capitulating to its demands.
“Was this a dispute over authority, or just [a lack of] guts on the part of the LPSK?” Prosperous Justice Party (PKS) lawmaker Fahri Hamzah said.
Golkar Party lawmaker Nurdiman Munir also criticized the LPSK for being too passive when Susno first made corruption allegations against police and other law enforcers in April.
“Once Susno revealed [what he knew about] the Gayus case, he was willing to reveal bigger cases. You should have come to him and offered him protection,” Nurdiman said.
Lawmakers suggested later during the meeting that the House commission summon the LPSK, the National Police and the Attorney General’s Office to mediate the dispute.
There were also rumblings about bringing the matter before the Constitutional Court.
Susno had earlier alleged that bribery was involved in the trial of rogue tax official Gayus Tambunan, who was acquitted of a relatively minor charge of embezzlement.
The Tangerang District Court in March found that there was insufficient evidence to convict Gayus, despite investigators finding Rp 28 billion ($3 million) in his bank accounts.
Susno further charged that a nest of case brokers were operating from within the National Police headquarters.
Police officials, prosecutors and a district court judge have been charged and sanctioned as a result of Susno’s revelations.
The National Police has wasted no time investigating Susno’s role in an arowana fish farm bribery case, based on testimony by suspected case broker Sjahril Johan, who claimed to have paid Susno Rp 500 million ($55,000).
Susno formally submitted his request for protection in May, but Abdul Harris brushed aside complaints that his agency was too slow in securing his protection.
He said the LPSK approached Susno and his lawyers to get them to submit a written statement seeking protection but they were tardy in providing a response to the request.
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