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The fact-finding team's recommendations for the president

Source
Jakarta Globe - November 17, 2009

The fact-finding team presented 31 pages of recommendations to President Susilo Bambang Yudhoyono on Tuesday as part of their investigation into the scandal facing the Corruption Eradication Commission (KPK) after the arrest of two of its deputies. The team, known as the Team of Eight, suggested that the president conduct institutional reform across law enforcement agencies. The following is a summary of the team's recommendations to the president:

Recommendations to the president:

1. After studying the facts, the weak material or formal evidence of the investigators, and for the sake of the credibility of the legal system, and the upholding of law that is honest and objective, and meeting the sense of justice that is developing in the society, the legal process against Chandra M Hamzah and Bibit S Rianto should better be halted. The Team of 8 recommends that:

  • Police issue a warrant to halt the investigation (Surat Perintah Penghentian Penyidikan/SP3) if the cases are still in the hands of the police.
  • The Prosecutors' office issues a letter halting the indictment (Surat Perintah Penghentian Penuntutah/SKPP) if the cases are already in the hands of the prosecutors' office.
  • If the Prosecutor's office is of the opinion that for the sake of public interest, the cases should be halted, then, based on the principle of opportunity, the Attorney General can cancel the cases.

2. After studying the institutional problematic and the personnel of the law enforcement institutions where fundamental weaknesses have been discovered, the Team of 8 recommends that the president conducts:

  • To meet a sense of justice, sanctions those officials responsible for the forced legal process and at the same time conduct an institutional reform of the police and prosecutors institutions.
  • Continue the institutional reforms and a personnel repositioning within he police, the prosecutors' office and the Corruption Eradication Commission (KPK) and the Witness and Victim Protection Agency (LPSK) – of course by respecting the independence of those institutions, especially the KPK.
  • To reform those law enforcement institutions, the president can order a "governance audit" by an independent institution, which would have a diagnostic nature to identify the fundamental problems and weaknesses within these law enforcement institutions.

3. After studying how law enforcement has been destroyed by the preponderance of case brokers operating in all law enforcement institutions, as a "shock therapy" the president needs to prioritize an operation to eradicate these case brokers in all law enforcement institutions, including in the judicial institutions and the legal advocate profession; starting with a comprehensive investigation of suspicion of the practice of a legal mafia involving Anggodo Widjojo and Ari Muladi by the concerned apparatus.

4. Other related cases, such as the Masaro corruption case, the legal process against Susno Duaji and Lukas in relation to the funds of Budi Sampoerna in Bank Century; and the case of the provision of the SKRT (radio communication system) in the Forestry Ministry, should be completed.

5. After studying all criticism and input that has been made relating to the weakness in strategy and implementation of law enforcement and the weak coordination between law enforcement institutions, the president is suggested to form a state commission which will make comprehensive programs, with clear orientations and phases, to put order into the legal institutions, including the professional organization of lawyers, and also coordinate with the other legal institutions to uphold the principles of a state of law, the due process of law, human rights and justice.

Yudhoyono will study the recommendations on Tuesday night and will summon related officials, including Attorney General Hendarman Supandji and National Police Chief Bambang Hendarso Danuri, on Wednesday morning. Yudhoyono will announce his response to the recommendations on Monday next week.

When asked if Yudhoyono would replace the police chief and attorney general, Adnan Buyung Nasution declined to comment. "Wait until Monday, be patient," he said.

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