Setya Novanto, Speaker of the House. Photo by: RES
Allegations of extortion leveled at an as-yet-unnamed politician, who allegedly used the name of President Joko Widodo in a bid to legitimize his rent seeking, are currently garnering plenty of media attention. Junimart Girsang, Vice-Chair of the House of Representatives’ (House) Ethics Council (MKD), has stated that he will summon all parties alleged to be involved in the case, including Setya Novanto (the current Chair of the House).
“So long as they are related and are relevant to these accusations, then we will summon them,” explained Mr. Girsang on Tuesday, 17 November 2015.
The MKD however is currently still awaiting receipt of the original recordings of an allegedly incriminating telephone conversation relating to the case. The recording remains in the hands of the Minister for Energy and Mineral Resources (ESDM), Sudirman Said, who is the party making the allegations.
“I would like to state for the record here that they [the widely circulated transcripts] are totally different from the transcripts currently in the possession of the MKD,” asserted Mr. Girsang
Mr. Girsang refrained from passing any further comment regarding the widely circulated transcripts, adding only that so long as they are not leaked by the MKD, then Minister Said has the right and responsibility to forward the transcripts to anyone he sees fit.
Commenting on this issue, Desmond J. Mahesa, the Vice-Chair of Commission III, urged the MKD to promptly process the extortion-related complaint both transparently and with an eye on accountability. The complaint has been filed against a legislator who is strongly believed to be Setya Novanto. The MKD must not hesitate in processing the complaint in order that the integrity of House is upheld, according to Mr. Mahesa.
“This is a major test, not for Comission III but for the credibility of the MKD in the eyes of the public,” asserted Mr. Mahesa.
Mr. Mahesa also predicted that should the head of a government institution, especially the Speaker of the House, be found to have abused his position for personal gain, then it would lead to a negative impression of said institution among the general public. Mr. Mahesa has therefore urged that Setya Novanto be temporarily relieved of his duties in order that he may focus all of his attention on the ongoing MKD investigation.
“In my opinion, it would be appropriate if Mr. Novanto [temporarily] relieved himself of his position,” asserted Mr. Mahesa.
In reply, Mr. Girsang stated that he did not wish to speculate as to whether or not Mr. Novanto would temporarily step down from his position. The important thing, according to Mr. Girsang, is that the MKD takes firm action based on facts and evidence.
“We’ll have to see if we can establish any firm facts regarding the alleged transgression. As yet, we have received no solid evidence. If there is no actual record of this crime, then it cannot ultimately be proven,” asserted Mr. Girsang.
Lawmaker Bambang Soesatyo (Commission III) expressed the same opinion as Mr. Mahesa and admitted that it was currently extremely difficult for the MKD to process Minister Said’s complaint against the Speaker of the House in accordance with the rigorous standards of the law. However, Mr. Mahesa also asserted that no matter who the accused was, the MKD must process the complaint in a manner that was open to public scrutiny.
“The MKD must not hesitate in processing the report thoroughly,” explained Mr. Soesatyo in a short statement made before the media at the Office of the House yesterday.
Mr. Soesatyo firmly believes that the House’s honor and dignity must be safeguarded from corrupt practices of the kind that have emerged in this case. Meanwhile, the Golkar Faction at the House has offered its full support for the sanctioning of legislators who are caught abusing their positions.
“The person mentioned in the complaint should immediately apologize to the Indonesian people. They should also apologize to President Joko Widodo and Vice President Jusuf Kalla, whose names has been sullied in this case by being used to justify a demand for stocks in exchange for the extension of Freeport Indonesia’s contract,” concluded Mr. Soesatyo.
Temporary Relief from Active Duty
Also commenting on the matter, Ronald Rofiandri, Director of Monitoring, Advocacy and Networking at the Indonesian Center for Law and Policy Studies (Pusat Studi Hukum dan Kebijakan Indonesia – PSHK) expressed similar opinions to the two legislators.
Mr. Rofiandri believes that the MKD must process the complaint transparently and accountably, for example by organizing publicly accessible meetings throughout the entire investigation process until a decision is ultimately reached.
“This is to ensure that the processing of ethical cases remains in line with prevailing laws and regulations, as well as the House’s code of ethics,” asserted Mr. Rofiandri.
“Bearing in mind that this allegation is leveled at the Speakerof the House, the MKD must remain neutral and should not accept intervention from any other party or parties, as prescribed under Article 11 (1) of the House’s code of ethics. This is necessary in order to prevent a negative precedent being set, such as that which occurred during the recent Setya Novanto and Donald Trump scandal. In this case the MKD was widely perceived to be lacking in transparency and accountability, as the case was ultimately handled at a closed hearing,” explained Mr. Rofiandri
According to Mr. Rofiandri, such closed hearings should not be employed by the MKD, as this will blemish the House’s reputation even further, especially when the involvement of the Speaker of the House himself is being assessed. The PSHK has also urged that Setya Novanto be temporarily relieved of his duties until the MKD reaches a decision.
“The precedent of a public hearing in a case involving ethics such as this was already set by the Constitutional Court during the Akil Muchtar case. The House should follow this positive precedent in order to prevent the reputation of parliament sinking even lower than it has already,” asserted Mr. Rofiandri.
For his part, Speaker Novanto has stated that he fully respects the functions, roles, and duties of the MKD. He has also asserted that the MKD is charged with maintaining the dignity of the House and its members, which is why he will comply fully with the MKD summons in order to put his side of the story as regards Minister Said’s complaints and ultimately clear his name.
“We must comply with the MKD in order to improve our institution,” Speaker Novanto stressed.
Speaker Novanto has already admitted that he has had recent dealings with Freeport Indonesia, and that these arose out of concern for the public interest as regards profit sharing and specifically the fate of the Papuan people. However, Novanto has strongly denied that he ever mentioned the name of the President or the Vice President during these meetings.
Setya Novanto, Speaker of the House. Photo by: RES
Allegations of extortion leveled at an as-yet-unnamed politician, who allegedly used the name of President Joko Widodo in a bid to legitimize his rent seeking, are currently garnering plenty of media attention. Junimart Girsang, Vice-Chair of the House of Representatives’ (House) Ethics Council (MKD), has stated that he will summon all parties alleged to be involved in the case, including Setya Novanto (the current Chair of the House).
“So long as they are related and are relevant to these accusations, then we will summon them,” explained Mr. Girsang on Tuesday, 17 November 2015.
The MKD however is currently still awaiting receipt of the original recordings of an allegedly incriminating telephone conversation relating to the case. The recording remains in the hands of the Minister for Energy and Mineral Resources (ESDM), Sudirman Said, who is the party making the allegations.
“I would like to state for the record here that they [the widely circulated transcripts] are totally different from the transcripts currently in the possession of the MKD,” asserted Mr. Girsang
Mr. Girsang refrained from passing any further comment regarding the widely circulated transcripts, adding only that so long as they are not leaked by the MKD, then Minister Said has the right and responsibility to forward the transcripts to anyone he sees fit.
Commenting on this issue, Desmond J. Mahesa, the Vice-Chair of Commission III, urged the MKD to promptly process the extortion-related complaint both transparently and with an eye on accountability. The complaint has been filed against a legislator who is strongly believed to be Setya Novanto. The MKD must not hesitate in processing the complaint in order that the integrity of House is upheld, according to Mr. Mahesa.
“This is a major test, not for Comission III but for the credibility of the MKD in the eyes of the public,” asserted Mr. Mahesa.
Mr. Mahesa also predicted that should the head of a government institution, especially the Speaker of the House, be found to have abused his position for personal gain, then it would lead to a negative impression of said institution among the general public. Mr. Mahesa has therefore urged that Setya Novanto be temporarily relieved of his duties in order that he may focus all of his attention on the ongoing MKD investigation.
“In my opinion, it would be appropriate if Mr. Novanto [temporarily] relieved himself of his position,” asserted Mr. Mahesa.
In reply, Mr. Girsang stated that he did not wish to speculate as to whether or not Mr. Novanto would temporarily step down from his position. The important thing, according to Mr. Girsang, is that the MKD takes firm action based on facts and evidence.
“We’ll have to see if we can establish any firm facts regarding the alleged transgression. As yet, we have received no solid evidence. If there is no actual record of this crime, then it cannot ultimately be proven,” asserted Mr. Girsang.
Lawmaker Bambang Soesatyo (Commission III) expressed the same opinion as Mr. Mahesa and admitted that it was currently extremely difficult for the MKD to process Minister Said’s complaint against the Speaker of the House in accordance with the rigorous standards of the law. However, Mr. Mahesa also asserted that no matter who the accused was, the MKD must process the complaint in a manner that was open to public scrutiny.
“The MKD must not hesitate in processing the report thoroughly,” explained Mr. Soesatyo in a short statement made before the media at the Office of the House yesterday.
Mr. Soesatyo firmly believes that the House’s honor and dignity must be safeguarded from corrupt practices of the kind that have emerged in this case. Meanwhile, the Golkar Faction at the House has offered its full support for the sanctioning of legislators who are caught abusing their positions.
“The person mentioned in the complaint should immediately apologize to the Indonesian people. They should also apologize to President Joko Widodo and Vice President Jusuf Kalla, whose names has been sullied in this case by being used to justify a demand for stocks in exchange for the extension of Freeport Indonesia’s contract,” concluded Mr. Soesatyo.
Temporary Relief from Active Duty
Also commenting on the matter, Ronald Rofiandri, Director of Monitoring, Advocacy and Networking at the Indonesian Center for Law and Policy Studies (Pusat Studi Hukum dan Kebijakan Indonesia – PSHK) expressed similar opinions to the two legislators.
Mr. Rofiandri believes that the MKD must process the complaint transparently and accountably, for example by organizing publicly accessible meetings throughout the entire investigation process until a decision is ultimately reached.
“This is to ensure that the processing of ethical cases remains in line with prevailing laws and regulations, as well as the House’s code of ethics,” asserted Mr. Rofiandri.
“Bearing in mind that this allegation is leveled at the Speakerof the House, the MKD must remain neutral and should not accept intervention from any other party or parties, as prescribed under Article 11 (1) of the House’s code of ethics. This is necessary in order to prevent a negative precedent being set, such as that which occurred during the recent Setya Novanto and Donald Trump scandal. In this case the MKD was widely perceived to be lacking in transparency and accountability, as the case was ultimately handled at a closed hearing,” explained Mr. Rofiandri
According to Mr. Rofiandri, such closed hearings should not be employed by the MKD, as this will blemish the House’s reputation even further, especially when the involvement of the Speaker of the House himself is being assessed. The PSHK has also urged that Setya Novanto be temporarily relieved of his duties until the MKD reaches a decision.
“The precedent of a public hearing in a case involving ethics such as this was already set by the Constitutional Court during the Akil Muchtar case. The House should follow this positive precedent in order to prevent the reputation of parliament sinking even lower than it has already,” asserted Mr. Rofiandri.
For his part, Speaker Novanto has stated that he fully respects the functions, roles, and duties of the MKD. He has also asserted that the MKD is charged with maintaining the dignity of the House and its members, which is why he will comply fully with the MKD summons in order to put his side of the story as regards Minister Said’s complaints and ultimately clear his name.
“We must comply with the MKD in order to improve our institution,” Speaker Novanto stressed.
Speaker Novanto has already admitted that he has had recent dealings with Freeport Indonesia, and that these arose out of concern for the public interest as regards profit sharing and specifically the fate of the Papuan people. However, Novanto has strongly denied that he ever mentioned the name of the President or the Vice President during these meetings.