PEOPLE JUST WANT CORRUPTORS TO GET PUNISHED

By Andi Abdussalam

Jakarta, Aug 4 (ANTARA) - The controversy over which is the rightful body to handle an alleged corruption case in the purchase of driving simulators worth Rp198.7 billion, has drawn public attention as it takes place within a police institution.         "Apart from the controversy, what the people want is that corruptors get punished, no matter which institution is handling it,¿ Hajriyanto Y Thohari, a deputy chief the People's Consultative Assembly, said referring to the current controversy.          It began when the Corruption Elimination Commission (KPK) named a suspect, Insp. Gen. Djoko Susilo, the governor of Police Academy and a former chief of the Traffic Police Corps (Korlantas), in an alleged corruption case. The Korlantas was handling the simulators procurement project in 2011.         After naming a suspect, Ins. Gen Djoko Susilo, the KPK moved to investigate the Korlantas in an effort to find evidence.        It later announced three more suspects, Brigadier General Didik Purnomo, the deputy chief of the Korlantas,  Budi Susanto, the president director of PT Cintra Mandiri Metalindo Abadi (CMMA), which was the tender winner in the procurement of the driving simulator facilities, and Sukodjo S Bambang, the director of PT Inovasi Teknologi Indonesia, which was the subcontractor of CMMA.         Following the KPK move, the National Police Criminal Investigation Department (Bareskrim) also announced five suspects in the case.         "Since August 1, 2012, Bareskrim's investigators have named five suspects and the decision letter for the commencement of the investigation (SPDP) has been issued and sent to the Attorney General's Office," National Police Spokesman Brig. Gen Anang Iskandar said on Thursday.        The five suspects are Brig. Gen. DP, Adjunct Senior Commissioner TR, Commissioner LG and two winners of the procurement project tender, namely SB and BS.         Not only have police moved even faster, arresting four suspects, but they arrested three middle ranking and a high ranking police officer and a civilian on charges of corruption in the case.         The three officers arrested on Saturday included Djoko's deputy, Brig. Gen. Didik Purnomo, and two middle ranking police officers.  "It is true , the  three police officers and a civilian have been arrested," police spokesman Brig. Gen. Boy Rafly Amar said Saturday.          Controversies arose as police made the arrest while the case was being investigated by the KPK. Even police have confirmed it would not hand over its suspects to the anti-corruption agency, particularly the three middle and high ranking officers.          The three senior officials accused of graft for procuring flawed driving simulators for the traffic police will not be tried by the Corruption Eradication Commission (KPK),  Bareskrim said on Friday.          National Police Commissioner General Sutarman also confirmed that the graft case suspects would not be handed over to the KPK.          National Police Traffic Corps deputy chief Brig. Gen. Didik Purnomo, chief director of PT Indonesian Technology Innovation Sukotjo S. Bambang, and director of PT Citra Mandiri Metalindo Abadi Budi Susanto have been accused of procuring faulty R2 and R4 driving simulators.  The chiefs of the firms that won these procurement contracts have also been named as suspects.         The National Police has determined that Budi Susanto and other goods providers are suspects in the corrupt procurement that took place in July last year, Sutarman said.         The police decision not to hand over the suspects to the KPK has drawn criticism from certain circles.          According to Indonesian Corruption Watch (ICW), the handling of the case by police has legal flaws because police have no right to investigate the case.  "The police interference in the case is legally flawed and is funny," Febri Diansyah, a legal researcher of the ICW  asserted.         He added that that matter is regulated in Article 50, clause (3), Law No. 30 / 2002 of the Corruption Eradication Commission. It states that a case which has been handled by the KPK could not be interfered in by or be investigated by police or prosecutors.        It was also mentioned in Article 50 point (4) in case an investigation occurs at the same time, police and prosecutors must stop their investigations.         Therefore, in this case, the Indonesian Anti-Corruption Society Organization (MAKI) said it would file a pre-trial lawsuit against the National Police chief at the South Jakarta District Court in the next three days if police were still handling the alleged driving simulator procurement corruption case.          "We ask the police chief to cancel the police investigation into the case or hand it over to the KPK in three days," MAKI coordinator Boyamin Saiman said. He added that MAKI would file the pretrial lawsuit on Wednesday next week if police had not ended its involvement in the case.         He said the lawsuit would be filed based on Law No. 8 1981 of the Criminal Code Procedure which regulates pretrials for unlawful detention and confiscation of a suspect or evidence.         Regarding the controversies, Himahanto Juwana, a law professor at the University of Indonesia, asked President Susilo Bambang Yudhoyono to act quickly and urged the police to abide by the Law on Corruption Eradication Commission and hand over the case to the KPK.        "The president must take stern action against the police, who have the impression that they can refuse to transfer the corruption case to the KPK ," Hikmahanto stressed.         He said that the government should prevent, as early as possible, the emergence of frictions among the people regarding a high profile legal case. "Slow action by the president will adversely put a burden on him if, eventually, the people take over through various means, such as through social media," said Hikmahanto.          Yet, President Susilo Bambang Yudhoyono has only asked the KPK and the National Police to cooperate in handling the case. His spokesman, Julian Aldrin Pasha, said at the State Palace on Friday that the president has received a report about the case.           "The president has received a report about it and has asked the chief minister for political, legal and security affairs to communicate with the Police chief and the KPK leaders to develop synergy in handling the case," Julian said.          Julian added that the president respected the legal corridors and would not interfere in the case. By instructing the chief security and legal affairs minister, the president had responded to and taken a step regarding the case.         In the meantime, the People's Consultative Assembly Deputy Hajriyanto Y Thohari said for the people it did not matter whether the police or the KPK would handle the corruption case. What is important for them is that corrupt people and officers are punished.        "For the people, the institution which handles a corruption case is not important. It can be by the police or by the KPK. But what is important is that those involved in the corruption case are really arrested and put in jail," said  Hajriyanto Y Thohari.***1*** (T.A014/INE   ) (T.A014/A/KR-BSR/F001) 04-08-2012 18:2