Wed, 21 Jul 2004

KPK told to use full power to fight graft

Tiarma Siboro and Muninggar Sri Saraswati, Jakarta

The Corruption Eradication Commission (KPK) must exercise its extensive powers in the investigation of Aceh Governor Abdullah Puteh to demonstrate clearly to the public that the matter has nothing to do with politics, observers say.

"The KPK appears to lack confidence in using its extensive powers in connection with the Puteh case. It must detain him and freeze his assets without hesitation," said lawyer Iskandar Sonhadji on Tuesday.

Speaking at a discussion held by the National Law Reform Consortium (KRHN), the member of the now-defunct Joint Anticorruption Team (TGPTPK) said that people would respect the commission if it took firm action against suspected corruptors.

"The commission is a new institution -- it needs public support. Therefore, it must be able to show the public that its moves are aimed mainly at implementing the law and are free from political nuance," Iskandar said.

Lawyer Bambang Widjojanto shared Iskandar's view, saying that people might allege that KPK was being misused as a political tool instead of a means to eradicate corruption.

"Do not be afraid. The law confers on the commission extensive powers due to the extent of unchecked corruption in the country," he said.

Lawyer Eggy Sudjana, who is representing Puteh, accused the KPK of "overacting", as it was insisting on investigating him even though the corruption tribunal had yet to be established.

"It has not coordinated with other legal institutions. It has no authority to investigate corruption cases in the absence of the tribunal. It is overacting," he said.

Eggy stated that some prosecutors had complained about the presence of the KPK, which had assumed some of their powers in prosecuting corruptors.

State prosecutors and police have long been accused of involvement in the "judiciary mafia", particularly in high- profile corruption cases.

Constitutional law expert Harun Al Rasyid said the KPK had the authority to investigate the case because it was mandated by law.

He questioned moves by Puteh's lawyers, who have filed a lawsuit against the KPK, questioning the latter's jurisdiction to investigate the case.

"If they say the KPK has no authority to investigate corruption cases prior to the establishment of the tribunal, why did they file suit with the district court? Why didn't they wait for the tribunal to be established?" Harun asked.

Eggy said that lawyers would do whatever they could to help their client.

Puteh has been declared a suspect in the marked up purchase of a Russian-made Mi-2 helicopter by the Aceh administration for Rp 12.6 billion in 2002. The alleged markup cost the state at least Rp 4 billion.

Separately, KPK chairman Taufiqurrahman Ruki said the commission would take the case to the tribunal trying corruption cases as soon as it had completed its investigation.

He said that the Supreme Court had sworn in judges to handle cases in the tribunal, which was due to be established at the Central Jakarta District Court.

"I believe that the Supreme Court will immediately establish the tribunal before we finish our investigations into the governor, so we (the KPK) need not be worried about whether the case will end in mid air," Taufiqurrahman said.

On Tuesday, Puteh was questioned by KPK investigators for about 8 hours. As before, he managed to escape from journalists, who had been waiting to record his comments.

Meanwhile, dozens of representatives from 30 non-governmental organizations staged a rally in front of the KPK's offices, asking Puteh to resign from his post due to his involvement in corruption allegations concerning the Ladia Galaska road project.