Two Ways Setya Novanto Can Walk Out of KPK Jail

Credits: Suratkabar.id

1. If the KPK does not question the required witnesses (by force if need be), finalize its e-KTP case against Novanto and transfer it to the corruption court before 30 November, Novanto could win his second pretrial which starts on that date. If the KPK doesn’t transfer case to the court in time, the pretrial will move forward, potentially awarding a victory once again to Novanto. If the case has been transferred to the court before that date, then the pretrial case will automatically be killed. Novanto won his first pretrial, which halted the first KPK case against him. KPK is hoping to not repeat the same mistake but will have to move quickly.

2. Novanto's lawyers have submitted a request for a Constitutional Court judicial review of the 2002 KPK Law arguing that it conflicts with two laws, the 2014 Legislative Institutions Law (MD3) which applies to parliament and its supporting institutions and the 2011 Immigration Law. First, his lawyers argue the MD3 provides DPR leaders with immunity from KPK hearings. Second, they argue that the KPK does not have the authority to order the Immigration authorities to implement travel abroad restrictions. If the Constitutional Court sides with Novanto, the e-KTP case would still continue but Novanto could possibly be able to spend his time at home.

(Note: Novanto can be detained by KPK for 20 days (from 17 Nov) which can then be extended for another 20 days.)