By: Nawal Asri )*
Law enforcement efforts carried out by the KPK against former Commissioner General Elections Commission (KPU) are considered procedural flaws because they do not get permission from the KPK Supervisory Board. The public suspects that the KPK is carrying out political maneuvers under the guise of law enforcement.
Allegations expressed by a number of observers related to the irregularities in law enforcement efforts through the KPK have not yet received an answer. According to Academics from the University of Indonesia Stanislaus Riyanta said that this could trigger a pretrial suit.
For this reason, during the course of action, the Corruption Eradication Commission must pay attention to the applicable rules, including compliance with procedures and administration. If not, it can be sued through a pretrial whose impact is counterproductive to the KPK itself.
He explained that up to now the guideline for law enforcement efforts was the issuance and enactment of Law number 19 of 2019 concerning the second amendment to Law number 30 of 2002 regarding the Criminal Eradication Commission. Corruption.
The revised KPK Law mandates the formation of the KPK Supervisory Board. This refers to Article 37 of Law Number 19 of 2019, the KPK Supervisory Board has a number of tasks, one of which is giving approval or not on wiretapping and search along with confiscation. Therefore, after the Supervisory Board and the new KPK leadership authority were inaugurated on December 20, all law enforcement efforts must be carried out according to administrative order.
Previously, the Corruption Eradication Commission (KPK) was suspected of carrying out two arrest operations (OTT) in early 2020. The first OTT was conducted to the Sidoarjo Regent, namely Saiful Ilah. Saiful is caught in a bribery transaction case regarding an infrastructure project in Sidoarjo Regency, East Java. The second is, OTT against the Indonesian Commission Commissioner Wahyu Setiawan. Wahyu is entangled in a bribery case regarding the administration of the Inter-Time Change of Members of the Indonesian Parliament from the PDI-Perjuangan faction from 2019 to 2024.
Karyono Wibowo as a political observer from the Indonesian Public Institute (IPI) said that a series of law enforcement efforts must be based on statutory provisions. He assessed that OTT should not be subject to procedural or administrative defects. He even added, do not let the KPK political maneuver in this law enforcement effort.
The irregularities in law enforcement efforts were felt by a number of parties, especially related to the license from Dewas KPK related to the case that ensnared the Indonesian KPU Commissioner. In addition, circulating an investigation warrant (Sprin.Lidik) OTT KPU commissioner Wahyu Setiawan. Sprin Lidik has number 146/01/12/2019 and was signed on December 20, 2019 by Agus Raharjo.
Another oddity popped up regarding the Commission’s Case Handling. There are 4 points related to irregularities of a circular warrant. 4 Points include;
First, the Lidik warrant is suspected to be under the auspices of the old leadership, besides that in the calendar section, a handwritten warrant needs to be questioned regarding its authenticity,
The second point of discrepancy is the actions relating to the sealing of the room and the location of the search carried out while it is still under investigation
The third point, the investigator seems reluctant to show clearly related task orders and investigations to the parties they have visited
Finally, there is a suspicion of camouflageing procedural errors by playing a number of opinions in the media. Including the inadequacy of evidence and the attitude of the investigators of the Anti-Rasuah Commission who seemed so arrogant.
Sprin was allegedly targeted at KPK investigator names. In fact, at the same time the commissioner and Dewas KPK 2019-2023 period was officially inaugurated by President Jokowi. Regarding the Sprin Lidik, Karyono asked the KPK to explain it to the public. Because this should be suspected of an effort to avoid the Dewas KPK permit.
Meanwhile, Acting KPK Spokesman Ali Fikri said the KPK had obtained permission from the Supervisory Board to conduct a number of searches in several locations. KPK investigators have coordinated with Dewas for handling bribery cases in the management of the Inter-Time Change of Members of the Indonesian Parliament from the PDI-Perjuangan faction for the period 2019-2024. But Ali has not been able to disclose the specific location that will be the target of a search.
The Anti-Rasuah Commission should operate according to the applicable legal corridor. Because, their performance is now increasingly highlighted, if the circulation of Sprin. True investigation of this will certainly undermine public confidence in the KPK itself. Do not let the OTT be done in vain because of procedural defects. Moreover, this can lead to the potential for pretrial lawsuits which will later have counterproductive (unprofitable) effects for anti-racial institutions. Furthermore, the KPK is an extension of the government to eradicate the problem of corruption that is increasingly becoming. It is hoped that the KPK will be able to work more reliably.
)* The author is a social political observer