JAKARTA, LEGAL LITERACY — The Corruption Eradication Commission (KPK) has decided to appeal against the interlocutory decision of the judge of the Jakarta Corruption Court in the alleged corruption and money laundering case involving inactive Supreme Court Justice, Gazalba Saleh. The KPK considers that there is an inconsistency in the decision of the judge handling this case.

Deputy Chairman of the KPK, Nurul Ghufron, in a press statement in Jakarta on Tuesday (28/5/2024), revealed that in the KPK leadership meeting it was decided to appeal against the interlocutory decision.

Previously, the panel of judges chaired by Fahzal Hendri, with members Rianto Adam Pontoh and Sukartono, granted the objection note from Gazalba's legal advisory team. The judge ruled that the prosecution and indictment of the prosecutor could not be accepted and ordered Gazalba's release from detention.

Inconsistency of Decision

Ghufron explained that the same judge also handled other corruption cases filed by the KPK, such as the cases of former Minister of Agriculture Syahrul Yasin Limpo and former Governor of Papua Lukas Enembe. In these cases, the judge did not question the competence or authority of the KPK prosecutor.

“We see an inconsistency. In other cases, the judge accepted the authority of the KPK prosecutor, but not this time,” said Ghufron.

KPK Will Appeal

The KPK, together with the police and the Attorney General's Office, has their respective authorities regulated by law. The KPK itself is an independent institution that has a duty in law enforcement, including the prevention, investigation, and prosecution of corruption crimes. “This delegation of authority comes from the law, not from the Attorney General's Office,” added Ghufron.

Gazalba Has Been Released

Gazalba Saleh was released from the KPK detention center on Monday (27/5/2024) evening, shortly after the interlocutory decision was handed down. However, according to the Head of the KPK News Section, Ali Fikri, Gazalba's status remains as a defendant because the substance of the case has not been tested in court.

Ali explained that Gazalba's case file is complete and will be re-examined if the KPK's appeal is accepted by the high court.

Reactions from the KPK and Observers

Deputy Chairman of the KPK, Alexander Marwata, called the judge's decision absurd. He explained that the KPK prosecutor is on duty based on delegation from the KPK leadership, not from the Attorney General, in accordance with Article 51 of the KPK Law.

Researcher from Indonesia Corruption Watch (ICW), Diky Anandya, also criticized the judge's decision, which was considered not based on mature legal considerations. He emphasized that administratively, the KPK prosecutor does not require a letter of delegation from the Attorney General.

Hope for Supervision

Alexander hopes that the Supreme Court Supervisory Body (Bawas MA) and the Judicial Commission will examine this decision. Meanwhile, the Head of Bawas MA, Sugiyanto, stated that his party is waiting for an official complaint from the KPK to examine whether there has been a violation of the Code of Ethics and Guidelines for Judge Behavior.

With this appeal, the KPK seeks to ensure that law enforcement continues to run in accordance with the existing legal mandate, without being influenced by decisions that are considered inconsistent and contrary to the principle of institutional independence.