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Supreme Court refuses to weigh in on KPK-national police feud

Source
Jakarta Globe - October 1, 2012

Rizky Amelia – The Supreme Court refused to intervene in a row between the National Police and the Corruption Eradication Commission (KPK) on Monday, declining to issue an edict determining which body has the right to investigate police corruption.

The court received a request from former Traffic Corps head and corruption suspect Insp. Gen. Djoko Susilo's legal team. But a panel of judges determined that only state bodies – not individuals – can file requests with the Supreme Court.

"If it is requested by lawyers, for an ongoing case, it would not be granted," spokesman of Supreme Court Djoko Sarwoko said on Monday.

The two organizations have been feuding since the KPK began its investigation into allegations of tender-rigging in the Traffic Corp's Rp 198 billion ($21 million) purchase of driving simulators.

Djoko allegedly received a Rp 2 billion kickback to award the contract to an unqualified metal company acting as a middleman.

But as KPK investigators began looking into the allegations, the National Police have resisted, keeping evidence under lock and key, recalling 20 investigators from KPK ranks and now fighting the antigraft body's right to investigate a case they say is already being handled internally.

The KPK issued a summons for Djoko to appear for questioning on Friday. But the graft suspect refused to comply, explaining that it was still unclear which organization was investigating the corruption claims.

"We're waiting for Supreme Court edict on its opinion on driving simulator problem and who has the authority," Juniver Gersang, Djoko's lawyer, said on Friday. "If two institutions investigate the case, there is no legal certainty."

The lawyers said they were waiting for the Supreme Court to issue this verdict.

The KPK said that Djoko will be issued another summons this week. If he refuses the summons again, the KPK plans to "take him by force."

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