Non-active KPK Commissioner Abraham Samad was presented by the Applicant as Witness at judicial review on Act of Corruption Eradication Commission, on Monday (25/5) at Plenary Room, the Constitutional Court Building. Photo PR/Ifa

Non-active KPK (Komisi Pemberantasan Korupsi –KPK) Commissioner Abraham Samad denied that he wanted legal privilege for KPK commissioners. He explained legal attempt conducted by non-active Deputy Chairman of the Corruption Eradication Commission Bambang Widjojanto to file judicial review towards the provision of temporary dismissal for KPK Commissioners was for request legal protection and equal treatment before the law.

It was delivered by Samad as the Witness filed by Bambang Widjojanto at the session held on Monday (25/5) at Plenary Room, the Constitutional Court Building. “I need to affirm that I as KPK commissioner didn’t ask privilege, so I didn’t agree on privilege granted for KPK commissioners, but the matter we need only legal protection and equal treatment,” affirmed him in front of Justice Panel led by Chief Justice Arief Hidayat.

He also added Article 32 (1) letter c and Article 32 (2) was potentially caused cessation of corruption eradication. In addition, suspect-naming should not immediately justify as a reason to dismiss KPK Commissioner temporary. Moreover, it could damaged target achievement of cases which must be completed by the KPK

"If indeed there is any suspicion of criminal offense towards KPK commissioners, then the solution is please processed (the criminal offense). But we should not directly dismiss because when we immediately dismissed and became suspect, it can be ascertained that the target achievement cannot be done. So it would be detrimental to the eradication of corruption," he said answering question asked by Constitutional Justice Aswanto.

At the session, a former KPK investigator Novel Baswedan explained similar statement. He emphasized, what had happened to him as well as on other KPK commissioners is an attempt to criminalize them by using the articles reviewed. Moreover, KPK commissioners of 3^rd period were almost entered the central authority and law enforcers. "In first period, no cases associated with the central authority or law enforcers, Your Honor. So, it (the suspect-naming, red) is the most obvious effect I consider as a counterattacks response or criminalization," he said.

The statement of both witness was strengthen by Bambang Widjojanto statement. He –as the Applicant– affirmed he basically agreed with the provision of temporary dismissal for KPK commissioners which could be used for moral standard to keep the ethic code. “However when we named as suspect, it should be similar with others (law enforcers, red), named as suspect during the work term as KPK commissioner. So, it is not fair if a person named suspect (for cases, red) prior to the work term as KPK commissioner. That is why we mention several times that criminalization occurred, because that is the point. That is why we file constitutional constitution,” said him.

Bambang filed judicial review on norms stated on Article 32 (1) letter c and Article 32 (2) Act of the Corruption Eradication Commission. Article 32 (1) letter c stated KPK commissioners dismissed or could be dismissed if named suspect as a result of criminal offense. According to him, the provision was harmed him who temporary dismissed after named as suspect. It was because the Applicant believed suspect-naming applied through case manipulation which occurred five years ago when he handled the regional elections dispute. In addition, suspect-naming applied to him should have taken notice of the presumption of innocence, as mandated by Article 28D (1) the 1945 Constitution. Unfortunately, this principle was in fact violated by Article 32 (1) letter c Act of the Corruption Eradication Commission. Therefore, Article a quo didn’t mention in detail what form of criminal offense that could make KPK commissioners dismissed. In addition, Article a quo was also considered not mention the time of the criminal offense committed. (Lulu Anjarsari/Prasetyo Adi N)