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(JakartaGlobe) Desmond & Nasir Djamil: postponement of Budi's inauguration has no legal basis

12/12/2018



Lawmakers in the House of Representatives plenary session today will motion to launch an inquiry into President Joko Widodo’s decision to postpone the inauguration of his sole candidate for National Police chief, Comr. Gen. Budi Gunawan, who anti-graft investigators revealed last week is the target of a graft and money laundering probe.

Desmond Junaidi Mahesa of the Great Indonesian Movement Party (Gerindra) and deputy chair of House Commission III, which oversees legal affairs, said that lawmakers on his commission will move in today’s plenary to convene an inquiry panel against the president, a move that carries the threat of impeachment.

“Commission III will ask for the view of each faction [on the proposed inquiry],” Desmond, a Commission III deputy chairman, said on Monday.

He added that the majority of lawmakers on his commission questioned Joko’s decision to delay the three-star graft suspect’s swearing-in as the nation’s top cop, saying the move was in contempt of the House’s decision to endorse Budi’s nomination.

The postponement had no legal basis, he said, arguing that by law, “the president should have inaugurated Budi Gunawan [as police chief], then suspended him.”

The Corruption Eradication Commission (KPK) publicly named Budi a suspect last week for alleged violations of anti-graft and money-laundering laws, provoking a week of denouncements and public calls on Joko to rescind his nomination of Budi.

KPK’s probe of the 55-year-old stems from transactions first flagged as suspicious in 2010 by the Financial Transactions Report and Analysis Center (PPATK).

The government’s anti-money-laundering watchdog said it detected at least $5.9 million funneled through Budi’s bank accounts, and referred their findings to the National Police for further investigation.

Despite strong calls from his own supporters, Joko refused to withdraw Budi’s nomination, arguing on Wednesday that he was obliged to “respect the political process in the House,” which at the time was staging uncharacteristically amicable confirmation hearings.

Joko announced in a televised address to the nation on Friday night that he would “delay, not cancel” his appointment of the graft suspect.

The president said he had signed a letter to honorably discharge National Police chief Gen. Sutarman, and that the deputy chief, Comr. Gen. Badrodin Haiti, would take over in an interim role.

But Desmond pointed out that Badrodin’s appointment as interim chief was also troublesome.

Joko “cannot [...] sideline the House’s approval [of Budi] and then appoint an interim chief without the House’s consent,” he said.

Prosperous Justice Party (PKS) Nasir Djamil said Joko “should have the courage to inaugurate the police chief-designee,” against the public’s demands.

“It is not that I doubt Badrodin Haiti can do the job [as interim chief]. But you cannot let the police force to be led by an interim chief forever. There must be a time limit,” he said.

Cabinet Secretary Andi Widjajanto denied that the president had overstepped his authority in appointing Badrodin.

“The president was simply using his authority to avoid an absence of leadership at the National Police. Which is why it was decided that the deputy should assume the functions and duties of the police chief,” Andi said, adding that House Speaker Setya Novanto was informed of the decision on Thursday evening.

“But [the news] was given verbally, and not in writing,” he said.

Meanwhile, Coordinating Minister for Politics, Legal and Security Tedjo Edhy Purdijatno said the KPK should explain why they decided to charge Budi just days after he was nominated.

“It seems like [the KPK] is trying to stop [Budi] from becoming a police chief. If they have evidence, why don’t they start the investigation process?” he said.

But the KPK has done just that. On Monday, the anti-graft agency summoned its first two known witnesses against the National Police chief designee: Brig. Gen. Herry Prastowo, director of general crime at the National Police; and Sr. Comr. Ibnu Isticha, a lecturer at the police academy.

State Secretary Pratikno said the president’s administration would not interfere with the investigation, but urged the KPK to wrap it up as soon as possible.

Joko’s party, the Indonesian Democratic Party of Struggle (PDI-P), questioned why only Budi was charged by the KPK, since the 2010 PPATK report also cast suspicion on other police generals, active and retired.

Sutarman, for his part, seems to have landed on his feet. Security Minister Tedjo said Joko has offered the ousted police chief several jobs, including as ambassador.

 

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