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Jakarta Post

Agency to delve further into MK drug scandal

Tangled: Golkar Party lawmaker Chairun Nisa is escorted by security guards after being questioned at the Corruption Eradication Commission (KPK) headquarters in Jakarta on Tuesday over her alleged role in the bribery of former Constitutional Court chief justice Akil Mochtar

Ina Parlina and Yuliasri Perdani (The Jakarta Post)
Jakarta
Wed, October 9, 2013

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Agency to delve further into MK drug scandal Tangled: Golkar Party lawmaker Chairun Nisa is escorted by security guards after being questioned at the Corruption Eradication Commission (KPK) headquarters in Jakarta on Tuesday over her alleged role in the bribery of former Constitutional Court chief justice Akil Mochtar. (JP/Nurhayati) (KPK) headquarters in Jakarta on Tuesday over her alleged role in the bribery of former Constitutional Court chief justice Akil Mochtar. (JP/Nurhayati)

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span class="inline inline-none">Tangled: Golkar Party lawmaker Chairun Nisa is escorted by security guards after being questioned at the Corruption Eradication Commission (KPK) headquarters in Jakarta on Tuesday over her alleged role in the bribery of former Constitutional Court chief justice Akil Mochtar. (JP/Nurhayati)

Former Constitutional Court (MK) chief justice and bribery suspect Akil Mochtar has tested negative for marijuana and methamphetamine substances, the nation'€™s antidrugs agency said on Tuesday.

The National Narcotics Agency (BNN) took Akil'€™s urine and hair samples on Sunday, four days after the Corruption Eradication Commission (KPK) found four marijuana joints '€” one of which had been burned '€” and two shabu-shabu (crystal methamphetamine) pills inside his office during a search related to Akil'€™s bribery case last week.

The drug test could detect whether Akil had consumed any such substances within the last six months.

The BNN, however, said it would continue its investigation into Akil although the latter had tested negative for drugs, as they noted that marijuana and meth could quickly dissolve in the body depending upon metabolism.

'€œWith this result, we will continue the investigation. [The drugs] were in his room, so we will question him [about that],'€ BNN spokesperson Sr. Comr. Sumirat Dwiyanto said.

'€œMeth can be traced up to seven days after consumption, while marijuana can be detected between two weeks to one month after. It depends on the metabolism,'€ he added.

Sumirat said it was possible the BNN would test the remaining eight justices as part of its investigation in the case. He said the agency would work with the KPK and the National Police to find the owner of the illegal drugs that were found in one of the most respected institutions in the country.

If the drugs belong to Akil, he could be charged under Article 112 (1) of the Narcotics Law on possessing, storing, managing or supplying type one narcotics, carrying a maximum penalty of 12 years in prison and a Rp 8 billion (US$694,022) fine.

Constitutional Court deputy chief justice Hamdan Zoelva assured that no justices had consumed illegal substances and said the drugs could have been planted by other parties. '€œI want to ask law enforcement: who was responsible for this?'€ Hamdan said.

Several witnesses in the court'€™s separate ethics investigation have testified before the ethics panel that they were unsure whether Akil had consumed marijuana, arguing that he had quit smoking cigarettes.

Amid growing calls for the external monitoring of the court following the bribery and drug scandals, the court is now seeking to establish a permanent ethics committee to monitor justices.

In a 2006 ruling, the court '€” at that time led by Jimly Asshiddiqie '€” annulled the Judicial Commission'€™s role as an external oversight body for the justices.

'€œWe [the remaining eight justices] have agreed to form a permanent ethics committee and are discussing the mechanism and the membership,'€ Hamdan said.

He did not elaborate on whether the court would agree to the commission'€™s power being reinstated, but said the court was still seeking advice from scholars and experts in drafting the best monitoring mechanism.

'€œWe want the committee to work independently where people can file reports at any time,'€ he added.

'€œUp to now, we'€™ve only had an ad-hoc ethics panel that is formed if there are ethics violation allegations and with the agreement of nine justices.'€

Constitutional law expert Saldi Isra supported the establishment of an external oversight body '€œwhether in a form of a permanent ethics committee or partially involving the commission'€.

Saldi argued that reinstating the commission'€™s power '€œwould ignite another arguments as some would perceive it as unconstitutional following the court'€™s 2006 ruling'€.

During an ethics hearing on Monday night, Akil'€™s secretary, Yuanna Sisilia, who said she used to assist Akil to make banking transactions before Akil was voted to be chief justice in April, told the panel she once wired Rp 500 million to Akil'€™s bank account.

'€œ[He] gave cash and told [me] to transfer it to his account,'€ said Yuanna, who has been working for Akil for four years.

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