By: Edi Jatmiko) *
A number of parties consider the arrest of former Commissioner of the General Election Commission (KPU) Wahyu Setiawan by the Corruption Eradication Commission (KPK) as flawed in procedures. The administrative error was caused by the absence of the Board of Trustees’ approval as mandated by the Act.
Suspicion after suspicion is beginning to emerge, especially for observers. The circulation of the sprin lidik (search warrant) for law enforcement efforts for suspected corruptors has been manipulated. The status of the Indonesian KPU commissioners has now been determined as a mafia suspect. However, this time the OTT was assessed as a procedural flaw.
Oddities in the sprin of investigations related to the handling of KPU cases described by a number of parties included four things. Among which are;
First, the issuance of a Letter of Inquiry is still under the old leadership. And the dating of a handwritten warrant requires checking related to its validity.
Secondly, the implementation of actions relating to the efforts of sealing rooms and site searches, carried out while still under investigation,
Third, the investigators fail to show in detail the warrant and the matter of the investigation to the parties they suspect,
The fourth suspicion is that there are opinion games in the media to disguise procedural errors, as well as inadequate evidence. Plus the attitude of the heightened arrogance of the KPK investigators.
This incident was further aggravated by the licensing mal-administration which was not in accordance with the new KPK Law. That the action related to the search must be with the permission of the KPK Supervisory Board, while the search that was claimed by the KPK yesterday did not include the permit.
This was confirmed by the Chairman of the PDI-P, Djarot Saiful Hidayat. Who acknowledged that there was a search by the KPK. However, PDI-P refused it because the search was considered not in accordance with applicable procedures. He mentioned, the search in the room was not equipped with strong evidence. In addition, it did not fulfill the procedure because there was no search warrant.
Previously, a political observer from the Indonesian Public Institute (IPI), Karyono Wibowo asked the Corruption Eradication Commission (KPK) to provide clarification regarding the circulation of an investigative warrant (Sprin.Lidik) of the OTT on KPU commissioner Wahyu Setiawan related to the bribery case for the Interim Time Change of the Members of the DPR RI from the PDI-Perjuangan faction.
Sprites were allegedly directed at the names of KPK investigators. In fact, at the same time KPK commissioners and Dewas for the period 2019 to 2023 were officially inaugurated by President Jokowi. Sprin lidik referred to by Karyono related to OTT Wahyu Setiawan was numbered 146/01/12/2019 which was signed on December 20, 2010 by Agus Raharjo.
Karyono considered, if the circulation of the letter was true then it could trigger various negative perceptions for the anti-rasuah institute. In fact, the public will interpret there are other targets behind these law enforcement efforts.
On the other hand, Indonesian Corruption Watch researcher, Adnan Topan Husodo, also assesses that when the KPK targets a target that has a large enough influence, the road is often not smooth. There are at least two factors that cause.
For example information regarding OTT is partially leaked so anticipation has been made. In addition, the target network is strong enough to be able to utilize various accesses to prevent KPK’s law enforcement efforts.
This means, the KPK needs to be strengthened again through the cancellation of Law No. 19/2019. Because, the concept of the Supervisory Board that is in the Act adds to the length of the bureaucratic path of KPK law enforcement. This is considered a gap and hampered KPK’s performance. He hopes that these irregularities are not a signal that the KPK is now beginning to selectively choose when taking action.
Nevertheless, the KPU commissioner OTT case is indeed required to be processed because there are already at least two pieces of evidence against the suspect. Karyono even cautioned that KPK should not be politically maneuvered like political parties, because it would potentially have procedural or administrative flaws. If this is the case, the public trust will fade.
Meanwhile, intelligence and security observer Stanislaus Riyanta, stated the need for a number of administrative evaluations at the KPK. The reason is, if the KPK Investigation Order related to the KPU commissioner OTT is true, then such administrative procedures can be considered to look for loopholes to pass certain goals.
According to him, the eradication of mafia or corruption cases must be done and anyone involved must be firmly dealt with without compromise. However, in handling KPK, it is necessary to look at the applicable regulations including compliance with procedures and administrative requirements.
He hopes that this corruption eradication will not be intervened because of administrative disorder. Because, if this happens, the KPK can be sued through a pretrial whose impact is counterproductive to the KPK itself.
The series of cases of alleged sphinx ligation through the KPK added to the black list of the unprofessional performance of the anti-racist organization. In fact, the government has also tried to support all actions of the KPK to arrest all corruptors without a shred of compromise. There is still time to continue to improve. And most important is the clarification of the KPK itself related to the issuance of Sprin Lidik which was allegedly manipulated. So that everything becomes clear and transparent, and does not appear to be lying to the public.
) * The author is a social political observer
