Court rejects plea by graft suspect to annul KPK law<\/p>\n
Muninggar Sri Saraswati, The Jakarta Post, Jakarta<\/p>\n
The Constitutional Court rejected on Thursday the argument of a
\ngraft suspect that the authority given to the Corruption
\nEradication Commission (KPK) to investigate and prosecute
\ncorruption cases was a constitutional violation.<\/p>\n
Constitutional Court president Jimly Asshidiqie said Article
\n68 of Law No. 30\/2002 on the KPK, which allows the commission to
\ntake over corruption cases from the police or prosecutors, did
\nnot violate the Constitution.<\/p>\n
However, the court did not issue a decision on whether the KPK
\nhad the power to investigate and prosecute cases that predated
\nits formation.<\/p>\n
Graft suspect Bram H.D. Manoppo had asked the court to review
\nArticle 68 of Law No. 30\/2002 in relation to corruption charges
\nagainst him.<\/p>\n
He argued that the KPK did not have the authority to prosecute
\nhim, in part because the alleged corruption took place in 2001
\nwhile the KPK was formed only in 2002. He said the retroactive
\napplication of the law was a constitutional violation.<\/p>\n
Bram is a suspect in a corruption case centering on the
\npurchase of a Russian helicopter by Aceh Governor Abdullah Puteh,
\nwho has been suspended pending the outcome of his ongoing trial
\nat the Anticorruption Court.<\/p>\n
The case has been seen by the public as a gauge of the
\ngovernment's seriousness in fighting corruption.<\/p>\n
The KPK was established because of the authorities' failure to
\nprosecute corruption cases, particularly high-profile ones.
\nDespite criticism of the powerful commission, anticorruption
\nactivists say extraordinary measures are needed to fight rampant
\ncorruption.<\/p>\n
Bram, a former president director of PT Putra Probiagan, which
\nacted as a consultant in the helicopter purchase, is the first
\ngraft suspect to challenge the authority of the KPK in the
\nConstitutional Court.<\/p>\n
Jimly said it was up to the Anticorruption Court to decide
\nwhether the KPK had applied the principle of retroactivity in the
\nprosecution of Bram.<\/p>\n
Anticorruption campaigners had urged the Constitutional Court
\nto reject Bram's argument, saying siding with the graft suspect
\nwould deal a serious blow to efforts to curb corruption.<\/p>\n
Bram's lawyer, Mohammad Assegaf, said his client would respect
\nthe Constitutional Court ruling.<\/p>\n
However, he claimed the court implicitly said the KPK could
\nnot prosecute corruption cases that occurred before its
\nestablishment in December 2002.<\/p>\n
KPK chairman Taufiqurrahman Ruki said the commission respected
\nthe Constitutional Court's ruling and it would continue to work
\nin accordance with the law.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/court-rejects-plea-by-graft-suspect-to-annul-kpk-law-1447893297",
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