TEMPO Interactive, Jakarta:Deputy chair of the United Development Party (PPP), Lukman Hakim Saifuddin says the chaotic handling of a corruption case involving the National Police can be resolved by filing a judicial review.
The case involves the procurement of driver’s license test simulators by the National Police and is being investigated by the Corruption Eradication Commission, which has caused conflict in terms of overlapping legal authority.
"To ensure legal certainty, the public can ask the Constitutional Court [MK] to review the KPK Law. The MK will hopefully issue an interim decision that is binding in nature, to ease tensions between the KPK and the Police," Lukman said in Jakarta on Sunday.
The judicial review is expected to produce an interpretation over the dispute between the two bodies.
"The protracted conflict between the two institutions is unfortunate because it threatens the life of the state," said Lukman, who is also deputy chair of the People's Consultative Assembly.
According to Lukman, the conflict can be resolved if the president intervenes and instructs the Law on the KPK to be used. The president, said Lukman, should not be afraid of intervening.
"People are actually demanding the president use his authority to resolve the dispute," he said.
Legal observer from the Center for the Study of Anti-corruption Law at Gadjah Mada University, Hifdzil Alim said the Police Headquarters committed unlawful actions. According to him, the National Police’s (Polri) announcement that they would continue their investigation into the corruption case violates the law.
He explained that Article 50 of the KPK Law indirectly orders the police to stop their investigations. Article 50, paragraph 3 stipulates that if the KPK is investigating a corruption case, the Police and the Attorney General’s Office does not have the authority to investigate the same case. Article 50, paragraph 4 stipulates that if the KPK, the Police, and the AGO are prosecuting the same case, the police and the AGO must immediately stop their investigation.
The National Police Headquarters insists on running its own investigation into the simulator scandal. They have determined five suspects, following the four men that the KPK has named. The Police has also submitted a Notice on the Commencement of the Investigation into the SIM simulator corruption case to the AGO.
The five suspects are former deputy chief of the Traffic Police Unit (Korlantas), brigadier general Didik Purnomo, chair of the procurement committee senior adjutant commissioner Teddy Rusmawan, Korlantas treasurer commissioner Legimo, CEO of PT Inovasi Teknologi Indonesia Bambang Sukotjo, and director of Citra Mandiri Metalindo Abadi Budi Santoso.
The KPK has named four people as suspects. They are Didik, Sukotjo, Budi, governor of the Police academy and former head of the Korlantas, inspector general Djoko Susilo.
The KPK began preliminary investigations into the case in January, and escalated the status to investigation on July 27. ISMA SAVITRI
Monday, 06 August, 2012 | 18:23 WIB