The Corruption Eradication Commission (KPK) Must Take Firm Action in Handling the Mempawah BP2TD Case
By: Hadysa Prana
Chairman of the MAUNG NGO Central Executive Board
The alleged corruption case involving the Land Transportation Education and Training Center (BP2TD) in Mempawah, West Kalimantan, allegedly involving the elected Governor, has reached a critical point, exposing loopholes and the potential for serious violations of Indonesian law. The postponement of the investigation, based on Telegram (ST) /1160/V/RES.1.24/2023, not only hinders the legal process but also potentially violates several fundamental legal articles and principles.
Violations of Legal Principles:
– The Principle of Equality before the Law: The postponement of the alleged investigation against the elected Governor, while other suspects have already been processed, violates the principle of equality before the law. The 1945 Constitution guarantees equality before the law for all citizens without exception, including state officials. This delay creates clear legal discrimination.
– Principle of Due Process of Law: Delays without a clear time limit and transparent reasons violate the principle of due process. The suspect’s right to fair treatment and a swift and uncomplicated legal process is guaranteed by law. Delays in investigations raise suspicions of attempts to obstruct a fair legal process.
– Principle of Legal Certainty: These delays create legal uncertainty. The public loses confidence in the legal process if the law can be manipulated to protect certain individuals. This contradicts the principle of legal certainty, an important pillar of a state based on the rule of law.
Potential Violations of Legal Articles:
* Law Number 31 of 1999 concerning the Eradication of Corruption (Corruption Law): Delays and attempts to obstruct the legal process related to alleged corruption can be prosecuted under the articles of the Corruption Law that regulate money laundering and/or obstruction of justice.
* Criminal Procedure Code (KUHAP): Legal processes that do not meet the principles of justice and clarity can be challenged under the Criminal Procedure Code. Prolonged delays without good reason can be considered a violation of the Criminal Procedure Code.
* Law Number 30 of 2002 concerning the Corruption Eradication Commission (KPK Law). The KPK has the authority to supervise and even take over case handling if there are allegations of legal violations and/or attempts to obstruct the law enforcement process.
This authority is crucial in this case, given the potential for systematic legal violations.
Demands for Firm Legal Action:
This case is no longer simply a matter of law enforcement, but also concerns the integrity of the Indonesian legal system.
“The KPK must act decisively, not only by supervising but also by taking over this case if there is evidence of attempts to obstruct the legal process.”
Furthermore, transparency and accountability in the legal process are absolutely necessary to restore public trust in the judicial system and law enforcement in Indonesia. “Failure to handle this case will set a bad precedent that could further erode public trust in the government and the democratic process.”
Pontianak, West Kalimantan, August 12, 2025
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