Tue, 13 Jul 2004

KPK orders Megawati to suspend Puteh for corruption probe

Muninggar Sri Saraswati, Jakarta

Amid apparent government reluctance, the newly established Corruption Eradication Commission (KPK) has ordered President Megawati Soekarnoputri to suspend alleged corruptor Nanggroe Aceh Darussalam Governor Abdullah Puteh following the governor's uncooperativeness toward the commission.

The commission set Friday as the deadline for the President, who had boasted that she would soon suspend the governor in her campaign speech, to dismiss Puteh.

The commission has also issued an order for Puteh's arrest should he refuse to come to Jakarta on Wednesday to face questioning in connection with the alleged mark-up in the purchase of a helicopter by the Aceh administration in 2002 that costs the state Rp 4 billion (US$5.4 million) in losses.

"We have sent the letter directly to Pak Bambang Kesowo (the state secretary). We hope the President received the letter today," commission chairman Taufiqurrahman Ruki told a news conference after a leadership meeting with House of Representatives Commission II on legal and domestic affairs.

In its letter, the commission informed the President that it would use its legal authority to force Puteh to succumb to questioning since he had ignored two previous summonses.

"We summoned him for questioning on July 6. He said he could not make it due to his duties as governor and chief of the state of civil emergency. He said he would come on July 9 instead. We accepted that and sent another summons for questioning on July 9. Still, he did not come," Ruki said.

Article 12 paragraph E of Law No. 30/2002 on the KPK states that the commission has the authority to memerintahkan (order) the supervisor of the suspect to suspend him/her from his/her position.

Minister of Home Affairs Hari Sabarno has always played down the significance of the governor's case. The Indonesian Military (TNI), which in the beginning was very outspoken about the governor's alleged corruption case, has recently become silent.

"We have issued an order for his arrest should he refuse to come (for questioning)," Ruki asserted, saying that the commission had notified the Jakarta Police Headquarters to be prepared to arrest him.

Many have yet to recognize the extensive authority of the six- month-old commission, which has been referred to as a superbody.

The law on the KPK, which was set up by both the government and the House, grants the commission extensive powers in a bid to reduce rampant corruption in the country after the police and the Attorney General's Office failed to do so.

A. Teras Narang, who heads Commission II, said the commission fully supported the KPK in using its powers to reduce corruption in the country.

"We stand by the KPK as long as it does the job according to the law," he said, adding that the KPK is an independent body in which no person or institution could interfere.

Teras explained that Article 46 of the law on the KPK states that it replaces other specific laws concerning suspects who are state officials to ensure smooth investigation.

The law on special autonomy, which requires the central government to secure approval from the local legislature council before suspending a governor, therefore, is not applicable in the case of Puteh.

Legal experts earlier suggested that the commission use its powers to ensure that the investigation of Puteh ran smoothly, which benefit the commission's reputation.

Many have doubts as to whether the commission will be able to bring Puteh to justice due to his close relationship with those in power in Jakarta and Aceh.

According to law, once the KPK declares it will investigate a corruption case, it must finish the investigation and prosecution by taking the suspects to court.