SBY should have told police, AGO to stop probing KPK debacle

The President should have at least ordered the National Police to stop investigations  of the KPK due to clearly fabricated case, law experts say.

The issuance of an SP3, a letter whereby the police can stop an investigation, was one of the three recommendations submitted by the Yudhoyono’s fact finding team.

The others were for the Attorney General’s Office (AGO) to issue a Letter of Order to Stop Prosecutions (SKPP) or to apply a ‘deponering’  on the case, (to drop it in the public interest).

An SP3 is a letter issued by the police if they see no solid proof can be found on the individuals implicated in a criminal case. The SKPP also serves the same function, but is issued by the prosecutor’s office.

A ‘deponering’ means that even  if a case has solid proof, the prosecutor drops in the common interest.

All of the recommendations were made based on the team’s finding that both the police and AGO failed to provide solid proof to implicate the two KPK suspended deputy chairmen – Chandra M. Hamzah and Bibit Samad Rianto – on a bribery charge.

Evidence of apparent attempted fabrication to frame Chandra and Bibit came to light after the Constitutional Court publicly played a tape indicating a conspiracy between high ranking police and AGO officials and Anggodo Widjojo to frame the two deputy chairmen.

Anggodo is the younger brother of graft fugitive Anggoro Widjojo.

An expert from the University of Indonesia, Rudi Satriyo, told The Jakarta Post there should never have been any charge against Chandra and Bibit, since they received no bribe and the charges were fabricated.

“I believe none of the three alternatives should be implemented in the first place, because implementing one of them would imply that there was a case against Chandra and Bibit, while in fact, there was not any case at all,” he said.

“However, if I have to choose, I prefer for the President to instruct an issuance of an SP3 to the police. That policy is the closest one compatible with the facts,” he added.

However, noted lawyer Frans Hendrawinata said both the police and the AGO faced a major dilemma should they want to issue an SP3 or an SKPP, because both had insisted that they have strong proof to charge Chandra and Bibit with bribery.

“Therefore, it will be better for the case to be taken into the court. The court will give its final decision on whether Chandra and Bibit are guilty or not,” he said.

Indonesian Legal Aid Institute (YLBHI) Chairman Patra Zen said he could not care less which method the president opted for in his final decision on the KPK debacle.

“What matters is that once one of the policies is implemented, it will mean that both Chandra and Bibit must have their names cleared and must regain their positions back at the KPK,” he said.