Celvin Moniaga Sipahutar, Heru Andriyanto, Jakarta – The Corruption Eradication Commission (KPK) on Tuesday welcomed the ruling by the Jakarta High Court which ordered the retrial of Supreme Court Justice Gazalba Saleh based on the commission's appeal.

Gazalba, who is accused of accepting bribe money while on duty, was released by the Central Jakarta District Court last month, citing procedural errors related to prosecutors' appointment.

The court argued that KPK prosecutors have no authority to prosecute the case due to a lack of assignment from the attorney general, prompting the commission to lodge an appeal.

However, the High Court panel presided over by Judge Subachran Hardi Mulyono ruled that KPK prosecutors are authorized to prosecute graft defendants and that the indictment against the troubled justice has met formal requirements.

"We order the Anti-Corruption Court of the Central Jakarta District Court to resume trial against the defendant until it reaches a verdict," Judge Hardi said on Monday.

KPK spokesperson Tessa Mahardhika said the ruling reasserts KPK's authority in prosecuting corruption cases, in addition to its investigative power.

Those authorities have been granted since KPK's first handling of a graft case about two decades ago.

"The latest ruling doesn't ignore KPK's prior handling of many cases," Tessa said in a statement.

The justice will likely be rearrested by the KPK when court hearings resume in the near future.

Prosecutors accused Gazalba of accepting at least Rp 650 million (approximately $40,500) while adjudicating an appeal case at the Supreme Court, allegedly in exchange for overturning a guilty verdict.

He allegedly accepted the money from Jawahirlul Fuad, who was sentenced to one year in prison in April 2021 by a district court in Jombang regency, East Java, for unauthorized toxic and hazardous waste management involving his metal company, Logam Jaya.

In addition to the bribery charges, prosecutors accused Gazalba of concealing the funds from other defendants seeking favorable rulings by converting them into other assets for personal gain.

According to the indictment, Gazalba utilized the funds to purchase a Toyota Alphard, acquire properties in Bogor and Bekasi, settle home installments in Kelapa Gading, North Jakarta totaling Rp 2.95 billion, and convert foreign currencies into rupiah.

Appointed as a Supreme Court judge in 2017, Gazalba has presided over numerous high-profile corruption cases.

He was initially arrested by the KPK in December 2022 for allegedly accepting bribes in connection with a bankruptcy lawsuit against a small lender in Central Java. His arrest followed that of fellow Supreme Court Justice Sudrajad Dimyati, also implicated in the same case.

However, a district court in Bandung acquitted Gazalba of all charges on August 1, 2023, prompting the KPK to appeal the decision.

His second victory in the legal battle against the KPK came on October 19, when fellow Supreme Court justices turned down the commission's appeal and upheld the acquittal.

He was released again under a preliminary ruling of the Central Jakarta District Court on May 27 on administrative grounds.

Source: https://jakartaglobe.id/news/kpk-welcomes-court-ruling-ordering-retrial-of-justice-gazalb