KPK Leadership Candidates Clash Over the Future of Sting Operations

Muhammad Aulia Rahman
November 20, 2024 | 2:55 pm
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Supreme Court Justice Sudrajad Dimyati gets in a car after being interrogated as a suspect at the Corruption Eradication Commission (KPK) building in Jakarta on Sept. 23, 2022. (Antara Photo)
Supreme Court Justice Sudrajad Dimyati gets in a car after being interrogated as a suspect at the Corruption Eradication Commission (KPK) building in Jakarta on Sept. 23, 2022. (Antara Photo)

Jakarta. Deputy Chairman of the Corruption Eradication Commission (KPK), Alexander Marwata, said that antigraft raids, commonly known as operasi tangkap tangan (OTT), cannot be abolished because they are crucial in combating corruption and are protected by law. His remarks responded to Johanis Tanak, a candidate for KPK leadership, who vowed to abolish the practice if elected.

OTT is a sting operation to arrest corruption suspects red-handed, often during bribery exchanges. Supported by surveillance and evidence such as wiretaps and financial records, these operations create strong cases with minimal legal loopholes. Suspects are detained and interrogated within 24 hours to determine charges. While OTT enhances anti-corruption efforts and public trust, it has faced criticism for alleged political bias.

Alexander said that, although such operations are not explicitly outlined in the KPK Law, the commission is mandated to conduct investigations, prosecutions, and enforcement actions, with immediate arrests being integral to its operations.

KPK spokesperson Tessa Mahardhika reinforced this position, saying that OTT can still be conducted as long as there is sufficient evidence or indications of criminal activity.

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The defense came amid Johanis Tanak’s controversial proposal to abolish OTT if appointed as the next KPK chairman. Johanis argued that OTT does not align with the legal definition of "catching someone in the act" as defined in the Criminal Code. He claimed that KPK's raid involves prior planning, while the Criminal Code does not mention such preparation.

According to the Criminal Code, "caught in the act" refers to apprehending someone while committing a crime, immediately after the crime, or shortly thereafter when they are identified by the public as the perpetrator. It also applies when, shortly afterward, they are found in possession of items strongly suspected to have been used in committing the crime, indicating their involvement either as the perpetrator, an accomplice, or someone who assisted in the act.

Another candidate, Agus Joko Pramono, also shifted focus away from OTT, emphasizing case-building over surprise arrests. He described OTT as a "bonus" that should occur only when evidence is nearly complete.

"I will focus on case building," he said. "If a surprise arrest happens along the way, it's a bonus, but it should only occur when we’re nearing the end of an investigation and have enough evidence."

Aguis further criticized early-stage sting operations for addressing only immediate bribery incidents rather than uncovering systemic corruption. He advocated prioritizing large-scale cases flagged by the Audit Board of Indonesia (BPK).

"The KPK should focus on larger cases identified in BPK reports, which often indicate legal violations," Pramono said. "During my time at BPK, we issued over a thousand audit reports annually, many of which highlighted issues ripe for KPK investigation."

Other candidates for KPK leadership undergoing the fit and proper test included Ida Budhiati, Ahmad Alamsyah Saragih, Djoko Poerwanto, and Ibnu Basuki Widodo. 

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