Information and Communications Minister Tifatul Sembiring implied Tuesday the government would likely continue its plan to issue a regulation on communication interception.
Should the regulation be issued, it is said to breach the 2002 KPK Law.
“But it is only a draft.
“No regulation draft is unconstitutional,” Tifatul told a press conference at the Corruption Eradication Commission (KPK) headquarters. “If it is passed, then it could be reviewed.”
He was commenting on previous warning by Constitutional Court judge Akil Mochtar.
Akil warned the government that the regulation would violate the 2002 KPK Law if the government pushed ahead with the contentious government regulation draft that would strip the KPK of its wiretapping authority.
Tifatul and a number of officials visited the KPK to discuss the draft regulation, to enforce the 2008 Information and Electronic Transaction Law.
“The KPK needs a strong legal umbrella to help eradicate corruption,” he said.
He added during the meeting two main points were thoroughly discussed.
“The points discussed were court permission [to wiretap] and [the establishment] of a national interception center,” he said.
The draft government regulation has raised controversy and sparked opposition from the public, the KPK and anticorruption watchdogs, since it requires the commission to gain permission from the Central Jakarta District Court before wiretapping public officials potentially involved in corrupt practice.
The draft also mandates the establishment of a national center for interception that has the authority to regulate wiretapping procedures.
The draft regulation emerged only weeks after the Constitutional Court played Nov. 3 a wiretapped conversation between fugitive corruption suspect Anggoro Widjojo’s younger brother, Anggodo Widjojo, with several high-ranking law enforcers.
The officers included then National Police detective chief Comr. Gen. Susno Duadji and suspended deputy attorney general Abdul Hakim Ritonga.
The recordings were played in connection with fabricated charges against KPK deputy chairmen Bibit Samad Rianto and Chandra M. Hamzah.
Concerns have emerged that the draft regulation is a way to limit the KPK’s authority in fighting corruption.
The KPK law gives the commission full authority to wiretap in relation to corruption cases.
Currently there is a 2006 communication and information ministerial decree regulating interception, which includes a stipulation that wiretapping activities be independently audited annually.
Tifatul said he would take note of all suggestions and would discuss input further.
“I don’t think one meeting is enough,” he said.
“There should be another.”
“But don’t worry, we have until April 2010.”
Chandra confirmed Tifatul’s statements saying there were many points that needed to be discussed further.
“The target is April 2010.
“We hope by that time we can solve the problems and discourses regarding the regulation,” he said.
“Since it is a draft, the KPK cannot take a stance on whether to accept or reject the regulation.”
KPK interim chairman Tumpak Hatorangan Panggabean, who previously firmly rejected the plan to issue a regulation on lawful interception, appeared to soften his stance.
“We will provide input so the regulation is in line with what the KPK wants,” he said.
