Pressure on KPK to probe BLBI case intensifies

The Jakarta Post ,  Jakarta   |  Tue, 04/01/2008 10:40 AM  |  National

The Corruption Eradication Commission (KPK) continues to spark criticism for its reluctance to take over an investigation into an alleged embezzlement of Bank Indonesia liquidity support (BLBI) funds from the Attorney General's Office (AGO).

Regional Representative Council member Marwan Batubara said the commission's hesitation to launch a probe into the high-profile case had discouraged public hopes of seeing justice in the alleged theft of their money.

"This shows us the commission is not independent in this case," Marwan said.

Pressures have been mounting on the commission to take over the BLBI case following the arrest of state prosecutor Urip Tri Gunawan, who had led the BLBI investigation team, on Feb. 29.

Urip was caught red-handed receiving some US$660,000 from Artalyta Suryani, who is linked to a BLBI debtor, Sjamsul Nursalim.

Later, Attorney General Hendarman Supandji replaced Deputy Attorney General for Special Crimes Kemas Yahya Rahman in a bid to restore the public's trust in the law enforcement agency.

Marwan suspected the investigation would only stop once Urip was arrested.

"There are no other suspects that have been caught so far," he said.

Lawyer Frans Hendra Winata said the arrest of Urip should keep the AGO from the BLBI case and prompt the KPK to step in.

"It's not appropriate for state prosecutors to continue the investigation because they will have conflicting interests," said Frans, a member of the National Law Commission.

Romli Atmasasmita, an international criminal law expert at Padjajaran University, Bandung, said there was something wrong with the anti-corruption body in its refusal to heed to public demand.

"Legislation authorizes the commission to take over this case. The question now is whether the commission has the guts or not," said Romli.

Article 50 of Law No. 30/2002 on the Corruption Eradication Commission stipulates that the police or prosecutors must make way for the KPK to launch an investigation.

"Following the arrest of Urip, the commission should have announced it would take over the BLBI case, and asked for all related documents," said Romli.

He said the legal right to investigate the BLBI case would expire in 2012, and that the case served as an opportunity for current KPK members to prove their integrity.

"When they were elected, the public doubted their integrity. Looking at the way the BLBI case evolves, that initial skepticism seems well-founded," said Marwan.

KPK spokesperson Johan Budi said the anti-graft body could not take over the BLBI case due to a retroactivity policy.

Johan said the take-over could only materialize if the House of Representatives amended the 1999 law on anti-corruption to allow the KPK to probe cases that arose before the law was passed.

The Constitutional Court unanimously dropped in its verdict in 2005 the retroactivity principle of the anti-corruption law for violating the Constitution. (alf/ewd)

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