IO, Jakarta – The Monitoring Council (Dewan Pengawas – “Dewas”) of the Corruption Eradication Commission (Komisi Pemberantasan Korupsi – “KPK”) has fulfilled its responsibilities by issuing investigation and search permits. Among its duties is the issuance of investigation-relation permits, including investigation, search, wiretapping and seizure permits, which carry a one-month period of validity dating from their issuance.
However, Dewas KPK has yet to issue a wiretapping permit. This was mentioned in the Hearing between Commission III of the House of Representatives (Dewan Perwakilan Rakyat – “DPR”) of RI and KPK held at the Parliamentary Complex, Senayan, Jakarta, on Monday (27/01/2020). Initially, Vice Chairman of the III DPR, Desmond J. Mahesa, brought up the matter. “The Dewas has issued search permits, investigation permits, but no wiretapping permits. That was Dewas’ work so far under the new Commissioners. I ask that the members here refrain from asking about issues too far back,” he said.
Chairman of Dewas KPK, Tumpak Hatorangan Panggabean, then responded by saying that until now, Dewas KPK has yet to receive a request for a wiretapping permit. “We would only issue a permit if there is a request for it. However, none has come in until now,” he said.
Tumpak further states that wiretapping begun before Dewas KPK was established might still be ongoing. “Naturally, the old permits would still apply if their validity has not ended. But there have been no new requests for wiretapping since we are appointed. Whether there is any request made or not, I would state within 1 x 24 hours whether I would issue such permit or not,” he said.
During the Hearing with Commission III of the DPR, Dewas KPK member Albertina Ho stated that the procedures for search and seizure permits are about the same as for wiretapping permits. Albertina stated that such permits must include investigation orders. “If the investigation is approved, a Draft Letter of Approval will be made up, while if it is declined, a Draft Letter of Rejection will be submitted. The Draft is then returned to Dewas. If approved, Dewas will sign it immediately. If otherwise, then Dewas will send it back for revision,” Albertina explained during the Hearing.
Albertina stated that such letters must also contain a brief explanation of the case and its current position. Furthermore, the Investigator must attach a list of the goods to be seized. “The Application Letter is structured so that it must contain a basis for the search or seizure, or the Investigation Order, a brief explanation of the case’s position, and the list of goods to be seized for a Seizure Permit Application Letter,” she said. “A Search Application Letter includes the objects and sites to be searched. Finally, the Dewas has agreed that as a measure of control, we are setting the validity of the Search or Seizure Permit at 30 days from the date of its issuance.” (des)