Novel Baswedan

Will Indonesia’s Corruption Eradication Commission Be Paralyzed During the Term of President Jokowi?

By Budiman Tanuredjo, Kompas Daily,  4 July 2017

KOMPAS, Jakarta – The actions of the Indonesian House of Representatives Committee of Inquiry into the Corruption Eradication Commission (KPK) have become more and more absurd. The Committee of Inquiry is going on safari to Pondok Bambu and Sukamiskin prisons to meet with inmates convicted of corruption offenses. The Committee hopes to find information on how the corruption convicts were mistreated by the KPK.

“We want to look for information about anything inappropriate experienced by the prisoners while they were either witnesses, suspects or as prisoners convicted in corruption cases,” said Deputy Chairman of the Inquiry Committee Rep. Risa Mariska (PDIP-West Java), representative for the district including Bogor and Bekasi. She said the Inquiry Committee has received information about improper treatment when the prisoners were questioned by the KPK.

There is little doubt the Inquiry Committee will have any trouble meeting any of the many corruption prisoners. Take the former Chief Justice of Indonesia’s Constitutional Court Akil Mochtar, for example, or former Democrat Party Representative and party treasurer Muhammad Nazaruddin, former Democrat Party Representative and party secretary-general Anas Urbaningrum, former Democrat Party Representative Angelina Sondakh, former Banten province Governor Atut Chosiyah, or any number of others. It isn’t hard to guess that they will provide any amount of ammunition with which to damage the KPK as an ad hoc institution ending eventually in the KPK being either abolished or neutralized.

Parahyangan University criminal law lecturer Agustinus Pohan believes the effort of the Inquiry Committee is an attempt by politicians to take revenge on the KPK. “Now the fight against corruption has to contend with white-collar criminals who want to prove their ability to exact payback,” Pohan said.

Earlier, Deputy Chairman of the House Inquiry Committee into the KPK, Rep. Taufiqulhadi (Nasdem-East Java) planned to call constitutional law experts to prove the legality of the Inquiry. “Some say this inquiry isn’t appropriate. Different opinions are all right, but we hope the debate stays balanced,” said the National Democrat Party politician, according to Kompas, on 30 June 2017.

The Inquiry Committee action in calling constitutional law experts Professor Dr Yusril Ihza Mahendra and Professor Jimly Asshiddiqie to appear will be a priority before it summons Rep. Miryam S. Haryani (Hanura-West Java) who has been arrested by the KPK. Miryam was declared a suspect by the KPK over allegations she provided false information. Her case goes to trial soon.

The origins of the House Inquiry Committee started with the KPK leadership rejecting requests from House of Representatives Commission III to make public recordings of the questioning of Miryam Haryani by KPK investigators. The KPK refused to make the recordings public before her trial. Up to now, recordings resulting from wiretaps have always been made public during trials. Previously appearing as a witness in the Criminal Corruption Court, Miryam retracted part of her testimony contained in a brief of evidence and gave as the reason that she had been coerced by KPK investigators.

In response to the retraction of her testimony in the brief of evidence, senior KPK investigator Novel Baswedan was examined as a witness in the trial. Novel testified that there had been no intimidation or coercion. Novel went so far as to claim Miryam had been induced by certain fellow House of Representatives members to retract her testimony in the brief of evidence, mentioning several names, including Rep. Bambang Soesatyo (Golkar-Central Java) and Rep. Masinton Pasaribu (PDIP-Jakarta), as the members who had influenced Miryam. She denied ever having mentioned their names and from this House Commission III asked the KPK to make public the recordings, which the KPK refused to do.

Whether it is related or not is not known, however, several days after testifying, Novel Baswedan was the target of an acid attack by an unknown assailant. His eyesight was damaged. He was taken to hospital and is still receiving ongoing treatment. Police are still investigating the case but so far, the person who sprayed Novel with acid has not been identified.

After undergoing further questioning at the KPK’s Jakarta offices on Wednesday 21 June, Hanura Party politician Rep. Miryam S. Haryani’s brief of evidence was declared complete (that is, Form 21 was issued) and ready for trial in relation to the allegation she had provided false testimony in the electronic identity card (e-KTP) implementation corruption trial.

Strong Resistance

The House of Representatives Inquiry Committee into the KPK apparently needs to find political support from constitutional law experts. Earlier, 357 academics from various universities and disciplines published an open letter rejecting the House Inquiry Committee into the KPK on a number of grounds. The 357 academics included Professor Dr Mahfud MD, Professor Dr Denny Indrayana, Professor Dr Rhenald Kasali, and many other prominent academics.

Calling experts in constitutional law, or calling anyone else, is clearly completely valid. The Inquiry Committee obviously has statutory authority to do this. No one denies that the House of Representatives has a right of inquiry, the right of interpellation, and the right to express opinions. However, what has in fact become an issue is whether it is proper for the House to exercise the right of inquiry in relation to the KPK. The KPK is a law enforcement agency and an independent authority, not part of the government. Is the use by the House of Representatives of the right of inquiry consistent with the will of the people it represents?

Resistance to the use of the House of Representatives’ right of inquiry for the KPK has indeed been strong. The open letter of the 357 academics from numerous universities and disciplines is one expression of this. These academics have very clearly framed the intention of the House of Representatives in using the right of inquiry as being to weaken the KPK. The academics have rejected the use of the House right of inquiry for the KPK.

At present, the KPK is investigating a case of alleged corruption involving the procurement of a national electronic identity card (e-KTP) involving a number of House members, including House Speaker Rep. Setya Novanto (Golkar-East Nusa Tenggara), now banned from traveling overseas. The alleged loss to the public revenue is not insubstantial.

A Kompas poll of Monday 8 May 2017 also contained the same message. As many as 58.9 per cent of respondents said the House decision to use the right of inquiry did not represent the interests of the community, while 35.6 per cent thought it did represent the interests of the community. Most respondents (72.4 per cent) believed the use of the House right of inquiry into the KPK was related to the KPK’s investigation into the e-identity card corruption case.

In the virtual world, internet user Virgo Sulianti Gohardi gathered support for a petition against the right of inquiry on the site Change.org. As of midday Friday 30 May 2017, the petition had been signed by 44,350 people. Virgo’s target for the petition was 50,000 signatures.

In terms of representation theory, the formation of the House of Representative Committee of Inquiry into the KPK really does not have social legitimacy, or it has a very low level of representation. What’s more, the Democrat Party (PD), Prosperous Justice Party (PKS) and National Awakening Party (PKB) House factions have each refused to join the Committee of Inquiry.

“The Democrats are not responsible for anything in the Inquiry Committee,” said House Deputy Speaker from the Democrat Party Rep. Agus Hermanto (DP-Central Java) at the House of Representatives building, while stressing that the Democrat Party does not agree with the House Committee of Inquiry into the KPK.

“We reject the weakening of the KPK through the inquiry. The Prosperous Justice Party (PKS) is being consistent by not sending any members, but the PKS is still critical of the KPK,” said head of the PKS Advisory Council Rep. Hidayat Nur Wahid (PKS-Jakarta). National Awakening Party (PKB) Chairman Rep. Muhaimin Iskandar (PKB-East Java) was also of the same opinion, rejecting the use of a House committee of inquiry into the KPK.

History of House Inquiries

The right of inquiry is a constitutional right of Indonesia’s House of Representatives. No one can deny this. Article 20A Paragraph 2 of the 1945 Constitution explicitly regulates the right of inquiry. During the period of parliamentary government in the 1950s, the right of inquiry was also regulated by statute by Public Law No. 6/1954 concerning the Right of Inquiry.

In Indonesia’s history, the House of Representatives’ right of inquiry was first used in 1959 in a resolution by RM Margono Djojohadikusumo that the House use the right to inquire into attempts by the government to obtain foreign exchange reserves and how they were being used. As recorded by Subardjo in The Use of the Right of Inquiry by the Indonesian House of Representatives in Overseeing Government Policy, a committee of inquiry during the first cabinet of Prime Minister Ali Sastroamidjojo (30 July 1953 to 12 August 1955) was given six months. However, this was subsequently extended twice, and the committee completed its work in March 1956, during the administration of Prime Minister Burhanuddin Harahap (12 August 1955 to 24 March 1956). Unfortunately, the fate of this committee of inquiry and its results are unclear.

During the New Order period, the House of Representatives also used the right of inquiry several times in relation to the case of the state-owned oil company Pertamina. However, efforts to shake the New Order government failed, and were rejected by a plenary session of the House. The New Order government was strong enough to prevent the use of the right of inquiry, initiated by Santoso Danuseputro (PDI) and HM Syarakwie Basri (FPP).

In the Reformasi (Reform) period, the right of inquiry has also been used. However, all the targets of the right of inquiry have been the government, and this is consistent with the legislation.

Legislation on the People’s Consultative Assembly (MPR), House of Representatives (DPR), Regional Representatives Council (DPD) and regional legislative assemblies (DPRD) regulates the right of inquiry. Article 79 concerning the Rights of the House of Representatives provides among other things that the House of Representatives possesses the right of inquiry. The right of inquiry is the right of the House of Representatives to investigate the implementation of a law and/or government policy which is related to important, strategic matters, and which has a broad impact on the life of the community, nation and state which allegedly conflicts with the law. The legislation also provides that an inquiry committee must be joined by all House of Representatives factions.

From the standpoint of legality, the House of Representatives Committee of Inquiry into the KPK does not satisfy the requirements for legality. Historically, the right of inquiry was given to the House of Representatives to investigate government policies which conflict with the law. Whether it was the New Order government, or post-Reform governments, it has only been the current 2014-2019 House of Representatives which has innovated by using the right of inquiry for a national commission, here the KPK. The KPK is not the government. The KPK is a law enforcement agency.

The law also requires that an inquiry committee draw members from all factions in the House of Representatives. Therefore, when the Democrat Party (DP), Prosperous Justice Party (PKS), and National Awakening Party (PKB) House factions each failed to send representatives, the jurisdictional legitimacy of the Committee of Inquiry became problematic.

Members of the public in the Healthy Indonesia Movement unfurled posters and banners in front of the offices of the KPK in Jakarta on Thursday 15 June. Consisting of writers, artists and anti-corruption activists, the crowd declared that they rejected the inquiry currently being rolled out by the House of Representatives.

From a political perspective, those who initiated the use of the right of inquiry are overwhelmingly from the parties which support the government. There are the Indonesian Democratic Party of Struggle (PDIP) House faction, the main supporter of the government of President Joko Widodo, together with the National Democratic Party (Nasdem) and the People’s Conscience Party (Partai Hanura). This coalition of government supporters is the group that has been keen to urge the use of the House right of inquiry.

Then there is President Jokowi. He has been turned into a hostage by party officials of his own PDIP. President Jokowi has said he cannot interfere in the affairs of the House of Representatives because a committee of inquiry is the business of the House. President Jokowi hoped only that the KPK is further strengthened.

President Jokowi’s attitude towards the KPK feels different this time. When there was conflict between the KPK and the Indonesian National Police, with the public supporting the KPK, President Jokowi showed a firm political position in support of the KPK. Likewise, when the KPK investigator Novel Baswedan was to be arrested, President Jokowi called loudly for Novel not to be arrested. However, this time, President Jokowi is like a hostage, allowing the KPK to be de-legitimized by a coalition of his own supporters in the House of Representatives.

Will the KPK be paralyzed during the term of President Joko Widodo? The answer will be recorded by history.


Source: Akankah KPK Lumpuh di Era Presiden Jokowi?  (Also see Melunasi Janji Kemerdekaan)

 

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Catatan Najwa

Megawati and the Corruption Eradication Commission

By Luky Djan

Executive Director, Institute for Strategic Initiatives (ISI) and jury member for the 2013 Bung Hatta Anti-Corruption Award

The endeavor to eradicate corruption will always travel a rocky road. Indeed it is necessary for anyone acting against corruption to face off directly against criminals working together in an organized group. Criminal corruption is almost certain to be perpetrated as a conspiracy jointly in conjunction with others and in a way that is highly organized. Organized criminal corruption has a stronger staying power than other forms of organized crime because the group of perpetrators involved typically occupy positions of formal authority and inevitably command considerable resources.

For this reason, anyone going up against so called “uniformed criminals” must steel him- or herself with both ingenuity and resilience. He or she must also not be surprised at the range of strategies deployed to weaken the agenda and institutions endeavoring to eradicate corruption which will vary from the intervention of those in power to the use of physical violence.

Is the anti-corruption agenda in this country driving towards a yellow light? Indonesia’s Corruption Eradication Commission (Komisi Pemberantasan Korupsi or KPK) is the front line vanguard and driving force in the fight against corruption and is once again now facing strong headwinds. The institution has weathered past tests successfully. Hopefully the current crisis will likewise result in the strengthening of efforts to defeat corruption. The experience of South Korea and Thailand can provide lessons in the conditions under which institutions are tamed and those under which anti-corruption efforts are successful. The fate of anti-corruption bodies in these places is quite tragic.

Thailand’s National Counter-Corruption Commission (NCCC) and the Korean Independent Commission Against Corruption (KICAC)

Prospects for the fight against corruption in Asia are currently entering their twilight years. Anti-corruption institutions are collapsing. The anti-corruption agenda in South Korea commenced when the leader of the opposition to the military regime Kim Dae Jung became President in February 1998. Kim’s main strategy was spearheaded by an initiative to pass legislation establishing an anti-corruption commission in August 1999. Kim’s idea produced resistance from politicians and legislators with the result that anti-corruption legislation took two years to produce, passing finally on 24 July 2001. Following the enactment of this legislation, opposition emerged to the establishment of an anti-corruption commission from the public prosecutor’s office as well as the police. The Korean Independent Commission Against Corruption (KICAC) was finally formed six months later in January 2002.

The breakthrough of the KICAC shook the corrupt relations between those in power and the chaebol business conglomerates and caught in its wake senior government officials and businessmen. The breakthrough began to unsettle the corrupt even though the KICAC was in fact not as powerful as its other Asian counterparts such as Hong Kong’s Independent Commission Against Corruption, Thailand’s NCCC or Indonesia’s KPK because the KICAC was not given investigation or prosecution functions. Efforts to shake the KICAC gained momentum after the 25 February 2008 when the government changed, following two periods of progressive leadership under Kim Dae-jung and Roh Moo-hyun, to the conservative government of President Lee Myung-bak.

After only three days in office, on 29 February 2008, President Lee merged the KICAC with two other institutions, the Ombudsman and the Administrative Appeals Tribunal, an administrative decisions court like Indonesia’s Public Administration Court (Pengadilan Tata Usaha Negara or PTUN), to form the Anti-Corruption Civil Rights Commission (ACRC). The sway of the KICAC declined, with the new body becoming more of a think tank with the primary function of preventing corruption. The major reason for the reduction in the power of the KICAC was the view that its breakthroughs in this period hampered economic growth. President Lee’s background as an executive of one of the chaebol conglomerates meant he viewed the fight against corruption as a hindrance to economic growth.

Of course the public reacted and opposed the merger. Transparency International Korea Chairman Geo-Sung Kim believes that economic growth is driven by a clean business environment and that an organization like the KICAC is necessary to achieve this. While ACRC commissioners are selected by and responsible to the president, KICAC commissioners were selected by the Supreme Court, legislature and president. There are now valid concerns over the ACRC’s loss of independence.

In Thailand following the establishment of the People’s Constitution in 1997, the National Counter Corruption Commission (NCCC) was formed in November 1999. This agency represented a strengthening of the previous anti-corruption institution, the Counter Corruption Commission or CCC, which had possessed limited functions and been less independent. The NCCC was responsible to the Senate and its nine commissioners were nominated by the Thai Senate and confirmed by the King. The NCCC took direct action by revealing the embezzlement of assets by Deputy Prime Minister Sanan Kachornprasart which led to his resignation. Two months later the NCCC uncovered a 30 million baht bribery scandal which led to the dismissal of Deputy Finance Minister Nibhat Bhukkanasut.

The NCCC’s next target was a tax evasion scandal and dishonesty in the public wealth declaration filed by Prime Minister Thaksin Shinawatra. This case put  Thaksin’s political career at stake. However, after the legislative elections in 2001, which handed control of the Senate to Thai Rak Thai, Thaksin soon gained control of the Supreme Court, leading to the asset embezzlement case being frozen. As payback, allegations were made against the nine NCCC commissioners alleging criminal conduct and accusations of involvement in a conflict of interests by increasing their monthly salary of 45,000 baht (approximately Rp25 million). The ensuing investigation eventually forced the commissioners to resign in May 2005.

Having control of the majority in parliament, Thaksin had no difficulty installing ‘puppet commissioners’ (Pasuk and Baker, 2004). Following a power shift in a military coup, the military junta replaced the NCCC on 15 July 2008 with the National Anti-Corruption Commission (NACC). The NACC became an instrument for the removal of political opponents of the Thai military regime.

Megawati’s Legacy

Every leader possesses a legacy which becomes a monument to his or her success. President Sukarno created magnificent landmark sites ranging from Gelora Bung Karno Stadium (GBK) to Istiqlal Mosque and the statues which adorn the capital. Times, however, change and monuments today no longer take the form of urban architectural landmarks. On the contrary they now represent elements of constitutional architecture. President Habibie left monuments in the form of the rights of freedom of assembly and association, multi-party elections, freedom of the press and regional autonomy. President Abdurrahman Wahid reorganized the function and position of the Indonesian Armed Forces, respect for pluralism and human rights.

Megawati carved out important milestones in the nation’s efforts against corruption. Probably not many people remember that on 27 December 2002 Megawati signed into force Law No. 30/2002 concerning the Corruption Eradication Commission. This institution represented the spearhead and hope of the nation for the elimination of the misuse of power in the form of looting public resources by organized criminal groups who possess political power and financial strength.

So the commitment of President Megawati to try to remove all forms of criminal corruption could not be doubted. A year later the Corruption Eradication Commission was officially established. This writer’s experience ranges from the drafting of the Commission bill to the establishment of the Commission itself which was at the time appropriately resourced by the government. If the commitment to the eradication of corruption had not been strong it would have been simple to abort the drafting of the bill or to stall for time over the establishment of the Commission. Likewise, when on a number of occasions the Commission investigated cases of corruption involving senior politicians from her Indonesian Democratic Party of Struggle (PDIP), Megawati did not intervene in the Commission.

Unfortunately, in the middle of the Commission’s efforts to strengthen measures aimed at combating corruption, a wave of attacks have emerged from all directions, including the PDIP. Reports by a member of the House of Representatives related to legal action launched over the disputed election of the head of West Kotawaringin Regency have resulted in a storm of crisis over the very existence of the institution of the Commission and the entire effort to combat corruption. This writer believes these reports have destabilized the Commission because they have led to an institutional crisis as a result of a Commissioner of the anti-corruption agency being named as a suspect in a criminal investigation.

It is regrettable that this has happened because as noted above President Megawati both as head of state while in power and today as party chairwomen has not taken action to weaken the Commission. As a mother Megawati fully understands that the Corruption Eradication Commission is a child of her government to oppose the phantom of corruption that has taken root and become entrenched.

The experience of South Korea and Thailand show that anti-corruption commissions will be stunted and even amputated by subsequent regimes. President Jokowi himself has a real track record in promoting an anti-corruption agenda. He is a recipient of the Bung Hatta Anti-Corruption Award (BHACA) which clearly demonstrates he possesses a strong commitment to the eradication of corruption. The current crisis should be resolved with prudence and expedition. Now the community is waiting for action from President Jokowi as “party official” to strengthen both efforts to eradicate corruption and the Commission, an institution which is an important legacy of Megawati’s.


Published in Kompas daily, Thursday 29 January 2015 (Retrieved from http://youthproactive.com/expert-says/megawati-dan-kpk/  Accessed 8 April 2015.)

I Want You

bambang

I leave to go home. I will return again though only in body. The struggle to eradicate corruption must not stop.

Bambang Widjojanto, Deputy Chairman of the Indonesian Corruption Eradication Commission (KPK), 2015


Source: Emerson, @emerson_yuntho