KPK EXPERIENCE:
INTERNATIONAL COOPERATION

Presented by:
Irene Putrie

KPK’s Anti-Corruption Mechanism(Law no 30/2002)
To coordinate
Article 7

To supervise
Article 8Mandates
Article 6

To pre-investigate,
to investigate,
to prosecute

1. Attorney General
2. Police
3. Supreme Audit
4. FIU
5. others

1. Attorney General
2. Police
3. Supreme Audit
4. All Inspectorate Generals
5. Others
 Agencies which render publicservices

Article 11•

All powers granted toother LEA by the Law ofProcedures•

Certain powers which arenot granted to other LEA

To preventArticle 13

To review systems
Article 14

To check government
official’s wealth report

Power= Investigation +Prosecution + Prevention+ Supervision +Monitoring

To issue travel ban
Investigator + prosecutor
under one institution
Sting operation
Computer forensics
Intercept andwiretapping
Controlled delivery
Asset confiscation andrepatriation
To check and freeze bankaccount

To request tax information
Physical surveillance &undercover operation
3

Int’l Cooperation Key Areas Law enforcement co-operation
 Joint investigations
 Special investigation techniques
 Special provisions for witnesses
 Anti-money laundering measures
 Mutual Legal Assistance (MLA)
 Extradition
 Training and capacity buildingCase Study (1):Indonesia and the United States in theTarahan Project Investigation
AN EXAMPLE OF SUCCESSFUL INTERNATIONAL
COOPERATION

THE SCHEME
Tarahan Power Plant Project2004 - 2008

Marubeni Corp

Alstom Inc
Consultation
contract and fee

Company A
Coal Mine BusinessContract- Bogus Company- Cash deposit to
IEM’s Bank Acc

Company B

IEM
Accepted approximately$420,000 USD in bribes

INDONESIA - JAPANFormal Mechanism
Government to Government Channel (MLA)
Indonesian Embassy

Investigator

44

Japan’s Central Authority22Japan’s MOFA

32Japan Embassy

14

Indonesia’s MOFA
2KPK
(Investigator &Prosecutor assistedby International
Cooperation Unit)

14
Indonesia’s Central Authority

241

Informal communication2

Formal Request

3Execution

4Delivery of products

INDONESIA - UNITED STATES ofAMERICA
Informal Mechanism
Agency to Agency Channel
IndonesianEmbassy

US DoJ, Criminal Division
FBI & US Attorney
2

3

4
1

KPK
(Investigator &Attorney assistedby International
Cooperation Unit)

US Embassy
1

Informal communication2

Formal Request

3Execution

4Delivery of products

Case Study 1• Multi-jurisdiction cooperation: Indonesia, Japan andUnited States• Cooperation with Japan (MLA Process)Witness Statement, Deposition, Affidavit, Access to Attend
the Witness Interview, Documents, Other Valuable Evidence• Cooperation with US (Reciprocal Assistance) Acces to conduct witness interview
 Written Witness Statement Documents and Other Valuable EvidenceIzedrik Emir Moeis
was sentenced to 3years’ imprisonment
on 14 April 2014

 4 of Alstom’s Executives Pleaded Guilty in the U.S Marubeni Corp Pleaded Guilty in the U.S10

Case Study 2• Multi-jurisdiction cooperation: Indonesia, United
Kingdom (UK) and Singapore• Scheme:
 UK company (Innospec) suppliers TEL for
Indonesian State Owned Oil Company(Pertamina)
 Soeroso Atmo Martoyo, Director of Refinery
accepted approximately USD190,000 throughInnospec Agent in Indonesia
 SAM prosecuted by KPK Executives of Innospec and Innospec
prosecuted by SFO, UK

Case Study 2• Cooperation with UK (MLA Process)Witness Statement, Deposition, Access to Attend
the Witness Interview,
Documents, Other Valuable Evidence Cooperation with Singapore (MLAProcess)Affidavit,
Documents, Other Valuable EvidenceSuccess to Date SAM was imprisoned for 7 years 4 former executives of Innospec pleaded

guilty in UK Innospec pleaded guilty in UK

Key Success Factors
International Cooperation is a MUST;
2. Good relationship, Communication,
Trust;
3. Case work meeting with Central
Authority and Competent Authority
Requesting Country;
4. Effective mechanisms for inter-agency
coordination;
5. Adequacy of resources (financial,infrastructure and human resources);1.

International Cooperation
Indonesia actively participates in fora:
APEC Anti-Corruption Working Group(member)
United Nation Convention on AntiCorruption (member)
G20 Anti-Corruption Working Group(member), andOECD Working Group on Bribery(observer),Benefits NETWORKS in combating corruption
 New IDEAS on Corruption Prevention andEnforcement
 KNOWLEDGE on: Whistle blower protection
 Typology on Mutual Legal Assistance Foreign Bribery
 Recovery of proceeds of crime Ethics and Integrity
 Private-Public Partnership Legal Person Liability

Corruption cases handled(as of May 2016)•112 Members of Parliament•

24 Ministers/Heads of Ministerial Level•

17 Provincial Governors•

50 Mayors and Head of District/Regency•

7 Commissioners of General Election; Judicial; Anti-Monopoly Commissions•

4 Ambassadors (incl. former Chief of National Police) and 4 Counsels General•

1 Governor of Central Bank & 4 Deputy Governors•

14 Judges, 6 Prosecutors and Defense Counsels, incl. KPK’s investigator•

129 High rank Govt. Officias, echelon I & II (Director General, SecretaryGeneral, Deputy, Director, etc)

•116 CEOS of state owned companies and the private sector involved in publiccorruption•

14 Money Laundering
17THANK YOU