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Budi Gunawan knocks back KPK summons
Jakarta Globe - January 31, 2015
Budi's lawyer, Razman Arif Nasution, said his client would not comply with the KPK's summons because of several discrepancies. Razman claimed the summons was undated and not properly signed.
"It is true that Budi Gunawan has been summoned based on the KPK's letter," Razman said on Friday at the National Police headquarters. "I have to tell you that the letter is not in accordance with the SOP [standard operating procedure].
"It's also unclear who received the letter. None of [Budi's] aides or staff received the letter. It was dropped off [at his house] just like that. [The courier] just came and went away. This is strange."
Razman also said Budi had not received a letter stating he was a suspect. He said both he and Budi first heard about it in the media. "Does it even have a legal standing? It's a violation of ethics," he said.
Razman added that Budi was waiting for a court to decide on a pretrial motion he had filed challenging the charges against him. "Let's just wait for the result," he said. "Our client will not come today."
KPK official Johan Budi said the KPK had not sent a letter after it named Budi Gunawan suspect. The summons Budi is disputing confirmed his status, however, as a suspect in a criminal investigation.
"The pretrial motion doesn't stop the investigation process," Johan said. "We can only stop the investigation if there's already a ruling from the court."
KPK deputy chairman Bambang Widjojanto, who was arrested and then released by the National Police last week in a move widely seen as a reprisal against Budi having been named a suspect, said he was confident Budi would cooperate with the KPK investigation.
"The KPK still believes that Budi Gunawan will come because it is his chance to explain his alibi by providing hard evidence. The questioning will be a time for him to deny the allegation," he said. "The dignity of a law enforcer lies in his will and competence to respect the law for the good of the people."
The State Palace also lamented Budi's decision not to cooperate with the KPK, Cabinet Secretary Andi Widjajanto said, adding that as a law enforcer Budi "should respect the legal process against him." The palace, Andi said, also gave the same reminder to several police officers who have refused to testify against Budi.
Legal expert Gandjar Laksmana Bonaprapta from the University of Indonesia said Budi and the other officers could be charged with obstruction of justice. "[Budi] could face [additional] prison terms. This is a crime on its own," he said.
KPK spokesman Priharsa Nugraha said the KPK would summon Budi for a second time. "By law, if [Budi] doesn't come the second time then there is a chance [the KPK] will use force. That is up to the investigators," he said.
But Razman signaled that Budi would not adhere to any summons from the KPK until the South Jakarta District Court issues a ruling on his client's pretrial motion to drop the charges against him.
Court spokesman Made Sutrisna said the court was scheduled to begin hearing the motion on Monday.
The lone judge presiding the hearing is Sarpin Rizaldi. The announcement prompted several human rights and antigraft groups to request an audience with members of the Judicial Commission, or KY, the government's court watchdog.
"According to our record, Sarpin was once reported [...] to the KY on suspicion that he had taken bribes in the handling of a case in 2014 [...] during his time as a judge at the Medan District Court," said Baharin, a researcher from the Indonesian Legal Aid Foundation.
Sarpin has also been investigated by the Jakarta High Court over several suspected ethical violations.
Source: http://thejakartaglobe.beritasatu.com/news/budi-gunawan-knocks-back-kpk-summons/.
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