TEMPO.CO, Jakarta - The House of Representatives (DPR) is set to go ahead with its plan to exercise Inquiry Right against the Corruption Eradication Commission (KPK) by setting up a Special Committee (Pansus) even it has to go against the regulations it has itself made, experts have said.
One expert said Pansus for inquiry right is valid when it is represented by all factions in the House. At least two factions - PKS and Demokrat - refused to join.
Read also: DPR Approves Inquiry Right Against KPK
In addition, Inquiry Right is used only against the government when it breaks a law. KPK is not part of the government, the expert said.
Director of Advocacy of the Anti Corruption Study Center of the state Gajah Mada University Oce Madril said in theory, Inquiry Right is the right (of Parliament) to conduct investigation when there was violation of the law by the government.
Read also: Right of Inquiry Against KPK Continues
"It could not be used against KPK as the right concerns government policy. In addition KPK may not release result of legal investigations outside court. Its is against the law." Oce said.
The move by Commission III of the House began when KPK refused to release the record of its investigation of former lawmaker of House Commission III Miryam S Haryani of Hanura over corruption in the electronic-ID card procurement in which more than 50 lawmakers and former lawmakers are implicated.
When testifying at court earlier Miryam withdrew what were recorded in her dossier read out by KPK prosecutor saying that she was forced by KPK investigators to make the statements about bribe money from the e-ID card project partly going to the bank accounts of a number of lawmakers. Experts, however, said CCTV on the process of investigation, showed no sign of force on Myriam by her investigators.
Senior KPK investigator Novel Baswedan told the court later that Miryam had acknowledged that she was intimidated by a number of lawmakers not to give away fact about the distribution of money in the House.
Among the lawmaker said to have intimidated Myriam were members of the House Commission III including Bambang Soesatyo, Desmond Junaidi Mahesa, Sarifuddin Suding, and Masinton Pasaribu.
Later Myriam was charged with giving false testimony at court; and Baswedan was sprayed by yet unknown cyclists with hydrochloric acid damaging his eyes. The incident involving Baswedan, now in a Singapore hospital for eye treatment, was linked by observers to his key role in the e-ID card case investigation.
The Pansus leaders claimed the inquiry right move was to strengthen KPK, but most observers found it hard to believe.
"The motive is doubted especially those supporting and active campaigning for the use of inquiry right on KPK are implicated in corruption cases," one observer said.
Deputy Speaker of the Parliament Agus Hermanto from the Demokrat faction, said the work of Pansus is feared to affect the performance of KPK, therefore, from the beginning his party refused to take part in forming the Pansus.
In the process, Pansus would repeatedly summon KPK and KPK has to waste time honoring the summon while it has a lot more important duty to do in fighting rampant corruption in the country, Agus said.
"Any institution needs to be controlled including KPK, but not necessarily with Inquiry Right Pansus. It would be enough through working meeting with the Commission III," he said.
Without the Demokrat and PKS factions taking part, the Pansus held its first meeting on Wednesday (June 7) attended by the factions of Golkar, PDI Perjuangan, Hanura, Nasdem, PPP, PAN and Gerindra.
The meeting elected Golkar politician Agun Gunandjar as its chairman, PDI Perjuangan Risa Mariska, Hanura politician Dossy Iskandar and Nasdem politician Taufiqulhadi as his deputies.
After his election as chairman Agun Gunandjar Sudarsa said Pansus needs Rp3.1 billion to finance its operations in 60 days.
"Quite a lot of money and time to be wasted for false reasons," critics said.
Meanwhile, KPK indicated it might not honor summon by the Pansus in exercising its inquiry right.
"KPK is still discussing it. It is in the final phase. Certainly we have invited experts for advice," KPK spokesman Febri Diansyah said on Wednesday.
KPK questions the process of making decision on Inquiry Right on KPK at the House of Representatives. The decision had been made without allowing time for all factions to submit opinions.
"We think there are a lot to be questioned concerning the validity of the Pansus for Inquiry Right against KPK," Febri said.
The Muhammadiyah Youth Organization said KPK does not have to honor summon by the Pansus as some of its leaders are witnesses in the e-ID card corruption cases.
Meanwhile, Dahnil Anzar Simanjuntak, chairman of the organization said KPK leaders may not have contacts with anyone implicated in corruption cases.
However, former chairman of the Constitutional Court Jimly Asshiddiqie advised KPK not to refuse honoring summons by the Pansus.
"It is important to show that KPK is independent, but KPK must remains firm not to give result of legal investigation," Jimly said.
ANTARA
