Last week Suara Merdeka reported that the Community Anti-Corruption Advocacy Team (TAMAK), a local civil society alliance from Semarang, has again delayed their request for the Semarang State Court to review under the praperadilan (pretrial hearing) process the Central Java High Prosecutor’s decision in 2010 to discontinue the corruption investigation of former Mayor Sukawi Sutarip.
The case involves the former Mayor of Semarang, Sukawi Sutarip. He first took office in 2000 with support from PDIP. In 2007 he switched to the President’s Democrat Party and in 2008 he ran for provincial Governor, losing to PDIP’s Bibit Waluyo. Somewhat unusally, in this corruption case the provincial High Prosecutor formally dropped the investigation issuing a SP3 on 29 October 2010, after a prolonged investigation that spanned the gubernatorial campaign. I say unusual because it is common for cases to be “forgotten” and not proceed from investigation to prosecution but rarely are they formally discontinued.
The praperadilan process allows State Courts to review the decisions of police and prosecutors to halt investigations. It allows for the defendant, the victim and other “interested third parties” to initiate the praperadilan process. It is not a well used procedure and there is some uncertainty about the definition of “interested third parties”. I know of at least one case in Solo where the local State Court accepted from the Indonesian Anti-Corruption Society (MAKI), a local Solo-based NGO, a praperadilan request in relation to a corruption case. (I’ll post on this another time.)
It seems that TAMAK is concerned that there request will be turned-down. Slamet Haryanto, Director of the local branch of the Legal Aid Foundation (LBH) in Semarang, as reported in Suara Merdeka last week:
TAMAK had previously promised to file a lawsuit [praperadilan] with the Semarang District Court last week. But TAMAK acknowledged that they need to make further changes to their request. It is no longer planned to submit the request on behalf of the non-governmental organizations (NGO) but on behalf of the people of Semarang City. “This change is to strengthen the lawsuit so as to ensure we do not to lose in court,” said Slamet Haryanto, the TAMAK Coordinator and Director of LBH Semarang, Slamet Haryanto.
Tamak sebelumnya telah menjanjikan gugatan akan diajukan ke Pengadilan Negeri Semarang pekan lalu. Tamak mengaku harus mengubah lagi materi gugatan serta penggugatnya. Rencananya, gugatan tak lagi diatasnamakan lembaga swadaya masyarakat (LSM), namun diganti atas nama masyarakat Kota Semarang. ”Perubahan ini untuk memperkuat gugatan agar tidak kalah di pengadilan,” demikian Koordinator Tamak yang juga Direktur LBH Semarang, Slamet Haryanto.
This is one of the cases I’ve been following for my PhD research. I’ll need to follow-up with LBH next time I’m in Semarang.
h/t Adi of Suara Merdeka. See his blog here.