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Komnas HAM finds flaws in KPK arrest

The National Commission on Human Rights (Komnas HAM) has alleged that its investigation shows that the National Police misused their power when arresting Corruption Eradication Commission (KPK) commissioner Bambang Widjojanto late last week

Hans Nicholas Jong and Fedina S. Sundaryani (The Jakarta Post)
Jakarta
Sun, February 1, 2015

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Komnas HAM finds flaws in KPK arrest

T

he National Commission on Human Rights (Komnas HAM) has alleged that its investigation shows that the National Police misused their power when arresting Corruption Eradication Commission (KPK) commissioner Bambang Widjojanto late last week.

Komnas HAM commissioner Nur Kholis said on Saturday that a 22-member team sanctioned by the rights body, which included eight Komnas HAM commissioners, had uncovered irregularities during the arrest.

'€œWe have compiled reports and we suspect that violations took place during Bambang Widjojanto'€™s arrest,'€ he said.

Nur Kholis, who also heads the investigation team, said that one of the most blatant violations was the police'€™s decision to handcuff Bambang in front of his children.

Earlier, Bambang'€™s team of lawyers alleged that the arrest was plagued by administrative problems, including the lack of an arrest warrant.

Nur Kholis said the team was collecting evidence and would submit its findings to President Joko '€œJokowi'€ Widodo soon.

National Police detective division chief Insp. Gen. Budi Waseso defended the arrest, saying it was backed by evidence and was not motivated by a personal vendetta.

Speaking after he was questioned by Komnas HAM on Friday, Budi said that the police had the right to arrest and handcuff a suspect if necessary as stipulated by law.

Last week, the National Police'€™s detective division named Bambang a suspect for allegedly instructing a witness to commit perjury at the Constitutional Court in 2010 in a case related to a regional election dispute in West Kotawaringin, Central Kalimantan.

Bambang'€™s arrest came on the heels of the KPK'€™s decision to name Comr. Gen. Budi Gunawan, the National Police chief nominee, a suspect in a graft case.

Budi Waseso is close to Budi Gunawan, whose son M. Herviano Widyatama is reportedly dating Budi Waseso'€™s daughter.

Budi Waseso has denied the allegation and called on the public not to involve his daughter in the case.

'€œThat is a human rights violation against my kids. Don'€™t go in that direction. They know nothing about it,'€ he said on Saturday.

Meanwhile, police scheduled a questioning session for Bambang early next week, Budi Waseso said. He could not confirm whether Bambang would be detained following the session.

While Bambang is facing police investigation, the KPK has also stepped up its moves against Budi Gunawan by summoning him for questioning last Friday.

Budi Gunawan failed to show up for the session, with his lawyers saying that their client would wait for the results of a pretrial hearing scheduled for Monday about the decision to name him a suspect.

The statement runs counter to the Criminal Code, which stipulates that a decision to name a suspect cannot be challenged in court.

Legal experts have stated that suspects are not exempt from questioning if they are waiting for the result of a pretrial hearing on their case.

Besides Bambang, the remaining three KPK commissioners also had police reports filed against them last week.

NGO KPK Watch Indonesia filed a report on Thursday against KPK chairman Abraham Samad after Indonesian Democratic Party of Struggle (PDI-P) acting secretary-general Hasto Kristiyanto accused him of abusing his power in his bid to become the President'€™s running mate during last year'€™s presidential election.

After he was named a suspect by the KPK, Budi Gunawan had his inauguration postponed until the antigraft body'€™s investigation is complete.

While waiting for the investigation to be completed, Jokowi has yet to nominate another candidate to replace Budi Gunawan.

'€œNot yet. Other candidates have not been proposed by the President,'€ Coordinating Political, Legal and Security Affairs Minister Tedjo Edhy Purdijatno said on Saturday.

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