ICW urges KPK to take over Prosecutor Pinangki case

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Prosecutor Pinangki, bribery defendant in the corruption case in Bank Bali claims involving Djoko Tjandra. (FAJAR INDONESIA NETWORK/FAISAL R. SYAM)

IO – Indonesia Corruption Watch (ICW) researcher Kurnia Ramdhana believes that the Attorney General’s Office is not fully committed to deal strictly with Prosecutor Pinangki Sirna Malasari in relation to her role in the Djoko Tjandra escape case. He suspects that there is an institutional-level reluctance that causes the Attorney General’s Office to provide “special protection” for Pinangki. “There has been a brouhaha over the Attorney General Office’s intent to provide legal assistance to Prosecutor Pinangki. This is a serious matter! How can law enforcement actually provide legal assistance to a lawbreaker?” he stated in a webinar held on Monday (07/09/2020). 

Kurnia stated that the naming of Prosecutor Pinangki as a bribery defendant in the corruption case in Bank Bali claims involving Djoko Tjandra only adds to the long list of members of the Korps Adhyaksa or Justice Corps who are involved in corruption cases. According to ICW records, at least 22 Prosecutors have been named as suspects in corruption cases from 2015 to 2020. “This data shows that the Korps Adhyaksa shows a serious lack of integrity that we must correct as quickly as possible. There are several types of crime that are rife in the justice sector. The first potential for corruption is when cases are registered for hearings. People frequently give money to Prosecutors in order to get their cases tried earlier. Corruption is also reported during the hearing itself and when verdicts are being handed down,” he said. 

Therefore, ICW urges that the Corruption Eradication Commission (Komisi Pemberantasan Korupsi – “KPK”), the Police, and other law enforcement agencies to immediately deal with these corruption potentials together. ICW further recommends that the processing of the Prosecutor Pinangki case be immediately taken over by KPK, in view of the notorious weakness of the General Attorney’s transparency and accountability in trying cases over the years. ICW also urges President Jokowi to discuss the matter of bad performance with the General Attorney’s Office, as the public has been complaining about it for years. “Stop avoiding the issue with the excuse that you are handling legal cases,” Kurnia said. 

KPK is Ready 

Separately, KPK’s Chairman Firli Bahuri confirms that they are taking over the Pinangki case if the General Attorney fails to resolve it satisfactorily, in line with the provisions of Article 10A of KPK Law Number 19 of 2019, which states that the KPK has the authority to take over any Police or General Attorney investigation of corruption cases. “We are supervising the case’s subsequent handling. However, if it remains unresolved, we can take it over in accordance with the provisions of Article 10A. We have coordinated the issue with the General Attorney’s Office,” he said at the Parliamentary Complex, Senayan, Jakarta on 31 August 2020. 

KPK’s Acting Spokesman Ali Fikri requests that the General Attorney’s Office remain transparent and objective in its handling of the case. The General Attorney’s Office should investigate the case thoroughly and duly prosecute other relevant violators, including internal officers of all related institutions. 

KPK only take over this case if the General Attorney’s Office fails to resolve the case within the maximum deadline as per the above Article 10A of KPK Law. “There are several reasons for a case to be taken over. First, when a report from citizens about a corruption crime is not being followed up. Second, when the processing of the corruption crime goes on without resolution, or it is delayed without any accountable reasons. Third, when corruption crime processing is actually directed to protect the perpetrator of the corruption crime. Fourth, when the corruption crime prosecution actually contains corruption itself. Fifth, when the prosecution of corruption crime is obstructed by interference from executive, judicial, or legislative powers. Sixth, when the Police or Attorney General’s Office considers that there are factors that make it difficult to prosecute the specific corruption crime properly and accountably,” he said. 

Meanwhile, Junior Attorney General for Special Crimes Ali Mukartono states that the General Attorney’s Office will comply with applicable regulations. “Yes, all according to the law. If the case satisfies the stipulated legal criteria, we let KPK do what is necessary. Let’s just comply with the Law,” he said at the Gedung Bundar Jampidsus, Jl. Hasanuddin, South Jakarta, on Tuesday (01/09/2020).  (Dan)