Legislators on Wednesday admitted they could not force the antigraft body to delay its investigations and prosecutions after the arrest of its chief, Antasari Azhar, due to different interpretations of the 2002 law on the Corruption Eradication Commission (KPK).
There is no provision in the law stipulating that "the four deputy chairmen cannot make any decisions", House Commission III member Nursjahbani Katjasungkana said Wednesday while commenting on the KPK's continuing operation minus Antasari.
"If decisions made by those four deputies are not considered a violation, then let the court decide the validity of such KPK decisions. It is no longer in the House's authority to interfere," she said.
During a hearing with the KPK last Thursday, lawmakers from House Commission III for legal issues had questioned the validity of any decisions the KPK made in the absence of Antasari.
They argued that Article 21 of the law stipulates that the KPK's leadership consists of five members - one serving as chairman and other four as deputies.
The legislators then demanded the KPK only carry out its graft preventive function until its chairperson was replaced.
But the four KPK deputies argued that Paragraph 5 of the same article could be used as the basis for their work in Antasari's absence.
This paragraph orders KPK chairmen to work collectively.
KPK deputy chairman Bibit Samad Rianto told the recent hearing that shortly after being named a suspect in the March 14 murder of businessman Nasruddin Zulkarnaen, Antasari met with the four deputies at his home and had agreed to submit all KPK decision-making duties to them.
In a show of defiance to the House request, on Tuesday the KPK went on to announce three lawmakers as suspects in a bribery case involving the illegal clearing of protected forests in South Sumatra.
The new suspects are Azwar Chesputra and Fachri Andi Leluasa - both from the Golkar Party - and Hilman Indra of the Crescent Star Party (PBB). They were accused of accepting bribes connected to the issuance of permits to clear 600 hectares of protected mangrove forest for Tanjung Api Api seaports.
According to KPK spokesman Johan Budi, his office would begin questioning these suspects next week.
Separately, another legislator, Gayus Lumbuun of the Indonesian Democratic Party of Struggle (PDI-P), said Commission III as a partner of independent law enforcement agencies like the KPK authority to remind them about regulations and the law.
There are different perceptions of Article 21 of the 2002 law, Gayus said, but both the House and the KPK had similarly strong arguments. "So let the judges decide which of the two arguments is right *if this case is brought to court*".
Panda Nababan, also a PDI-P lawmaker with Commission III, shared a similar view, saying the charges against the three legislators were related to a bribery investigation that had been conducted before Antasari's arrest.
"Besides, there are no regulations that clearly state that decisions made by KPK deputies not invalid," Panda said.
