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KPK urged to request case review on Budi Gunawan case

Calls have mounted for the Corruption Eradication Commission (KPK) to file a case review with the Supreme Court in a bid to overturn a pretrial ruling that resulted in the dropping of the antigraft body’s investigation into former National Police chief candidate Comr

Bagus BT Saragih (The Jakarta Post)
Jakarta
Wed, March 4, 2015

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KPK urged to request case review on Budi Gunawan case

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alls have mounted for the Corruption Eradication Commission (KPK) to file a case review with the Supreme Court in a bid to overturn a pretrial ruling that resulted in the dropping of the antigraft body'€™s investigation into former National Police chief candidate Comr. Gen. Budi Gunawan.

The pressure has intensified since acting KPK chairman Taufiequrachman Ruki controversially agreed to transfer the case to the Attorney General'€™s Office (AGO), which then turned the case over to the police.

Activists slammed Ruki, a retired police general, calling his decision premature.

About 400 KPK employees joined the activists'€™ cause and staged a protest at the KPK headquarters in South Jakarta on Tuesday.

They claimed KPK leaders had thrown in the towel too easily, since there was one more legal avenue open to defend KPK'€™s authority to investigate Budi's case review.

A case review is an '€œextraordinary'€ petition to challenge any legally binding court decision.

However, it is rarely used to challenge pretrial rulings.

'€œHowever, there are a number of precedents where law enforcement bodies used the case review mechanism to challenge pretrial decisions favoring their suspects,'€ Advocacy and Study of Justice Independence (LeIP) researcher Arsil said on Wednesday.

He cited as an example a case review filed by the AGO after corruption suspect Bachtiar Abdul Fatah, a manager at oil and gas firm PT Chevron Pacific Indonesia, won his pretrial petition.

The Supreme Court approved the AGO'€™s case review petition and overturned the district court'€™s pretrial ruling annulling Bachtiar'€™s suspect status.

'€œWe found at least 24 case review petitions filed to challenge pretrial rulings between 2006 and 2014,'€ Arsil said. (nfo)(++++)

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