KPK insists arrest of lawmaker was legal

The Jakarta Post ,  Jakarta   |  Wed, 05/21/2008 10:43 AM  |  National

The Corruption Eradication Commission (KPK) defended the arrest of lawmaker Al Amin Nasution as lawful during a pre-trial hearing Monday at the South Jakarta District Court.

Amin was detained after being caught in the act of taking a bribe from local administration secretary Azirwan on April 9, in relation to a forest conversion in Bintan, Riau Islands, at a hotel in Kuningan, South Jakarta, KPK attorneys told the court.

They said KPK investigators arrested Amin in the parking basement and confiscated Rp 67 billion (US$7,200) in cash.

Azirwan was detained in the lobby with documents related to the forest conversion, they said.

The KPK later seized a US$33,000 check from Azirwan's room at the same hotel, the attorneys added.

Amin's lawyers said the arrest of their client was illegal because it was made without a KPK arrest warrant.

Such a warrant should only have been available after Amin was brought to the KPK headquarters for questioning, added Sirra Prayuna the detained lawmaker's lead lawyer.

Sirra also denied Amin was arrested red-handed along with Azirwan, saying the two were detained separately and not involved in any act or transaction that could be considered a crime.

In response, the KPK attorneys said that according to Article 1 (19) of the Criminal Code, "caught in the act" refers to the arrest of a person while committing a crime or shortly after the crime, and possessing one or more objects allegedly used in the crime.

KPK's chief attorney Rooseno said the large sum of money seized from Amin and the documents from Azirwan when he was arrested were sufficient evidence to legally detain the two.

Both Amin and Azirwan had been under observation by the KPK since last November, he added.

Rooseno said that under Criminal Code Article 18 (2), a warrant was not required to arrest a person caught in a criminal act.

The KPK attorneys further said the South Jakarta District Court had no authority to deal with the pre-trial hearings for the case.

"The justice agency to hold pre-trial hearings related to arrests and detentions by KPK is the Corruption Court," Rooseno said.

The KPK said the bribe paid to Amin was to smooth the way for the Forestry Ministry's approval of the Bintan administration's request to convert around 200 of the 7,300 hectares of conservation forest into an office complex.

The pre-trial was adjourned until Wednesday.(dre)

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