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Jakarta Post

SBY falls short of expectations in law enforcement

Convicted:  Former Democratic Party chairman Anas Urbaningrum walks out of the courtroom at the Jakarta Corruption Court soon after receiving an 8-year prison term for his role in the Hambalang sports complex graft case

Ina Parlina (The Jakarta Post)
Jakarta
Sat, October 18, 2014

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SBY falls short of expectations in law enforcement Convicted:: Former Democratic Party chairman Anas Urbaningrum walks out of the courtroom at the Jakarta Corruption Court soon after receiving an 8-year prison term for his role in the Hambalang sports complex graft case. Anas’ conviction was a major blow to the ruling party and its chief patron President Susilo Bambang Yudhoyono, who took over the chairmanship from Anas’ following the Corruption Eradication Commission’s (KPK) decision to name Anas a suspect in the case. (JP/Awo) (KPK) decision to name Anas a suspect in the case. (JP/Awo)

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span class="inline inline-center">Convicted:  Former Democratic Party chairman Anas Urbaningrum walks out of the courtroom at the Jakarta Corruption Court soon after receiving an 8-year prison term for his role in the Hambalang sports complex graft case. Anas'€™ conviction was a major blow to the ruling party and its chief patron President Susilo Bambang Yudhoyono, who took over the chairmanship from Anas'€™ following the Corruption Eradication Commission'€™s (KPK) decision to name Anas a suspect in the case. (JP/Awo)

During his presidential campaign in 2004, President Susilo Bambang Yudhoyono was happy to bandy about talk of upholding the law and stamping out corruption.

But only in December 2009 did Yudhoyono finally set up the Judicial Mafia Taskforce, following mounting public outrage over sluggish law enforcement and judicial reform. Many consider this initiative a success.

Only weeks after its establishment, the taskforce revealed the luxurious prison cell enjoyed by businesswoman and high-profile graft convict Artalyta '€œAyin'€ Suryani and later injected new life into the investigation of a case involving infamous tax official Gayus Tambunan.

The taskforce has also successfully pushed for an amendment to the 2006 law on witness and victim protection. The revision bill, which was initiated by the government and was finally endorsed by lawmakers in September 2014, provides better protection for whistleblowers and collaborators with justice.

Yudhoyono himself has been restless about the progress of corruption eradication programs under his watch.

The President has on a number of occasions '€” including in 2004, twice in 2011, in 2013 and earlier this year '€” issued Presidential Instructions ordering the police, the Attorney-General'€™s Office (AGO) and all ministries, as well as local heads, to boost their graft eradication programs.

At times, the President has had to swallow a bitter pill for his determination to stamp out corruption.

In October 2008, just months before he declared his bid to seek reelection, Yudhoyono suffered a personal blow when his in-law and former Bank Indonesia governor Aulia Pohan was named a graft suspect by the KPK. Yudhoyono won praise for keeping his hands off the case.

In his second term, Yudhoyono saw many top members of his ruling Democratic Party arrested and convicted for graft by the KPK, including chairman Anas Urbaningrum, former youth and sports minister Andi Mallarangeng and former party executive Jero Wacik '€” who is also the third minister in Yudhoyono'€™s Cabinet to be named a graft suspect.

All of these cases, however, represent achievements for the KPK, and the question remains whether Yudhoyono has been successful in his own efforts. Corruption observers, for their part, have given Yudhoyono a failing grade.

The annual Transparency International survey known as the Corruption Perception Index (CPI) showed a slight improvement in the country'€™s fight against corruption, but the score remains low.

Indonesia scored 2.0 in the 2004 CPI '€” which ranges from zero to 10, where 0 means that a country is perceived as highly corrupt and 10 means that a country is perceived as very clean '€” and gradually improved its scores in subsequent years. In 2009, Indonesia scored 2.8, an achievement that Yudhoyono claimed to be '€œsolid evidence'€ that he had made gains in the fight against corruption in his first presidential term.

Indonesia scored 32 '€” in the range 0-100, where 0 is free from corruption and 100 the most corrupt '€” in 2012 and 2013. In comparison, neighboring Malaysia scored 5.0 in 2004 and 50 in 2013 while Thailand got 3.6 in 2004 and 35 in 2013.

At times, the government has appeared to undo the work of the KPK by regularly awarding sentence reductions for graft convicts including Gayus and tycoon Siti Hartati Tjakra Murdaya.

Anti-graft watchdog Indonesia Corruption Watch (ICW) said the majority of defendants in 279 graft cases monitored by the ICW received lenient sentences, with a 2013 average of 35 months in prison. Most of the graft cases were handled by the AGO and the National Police.

Prominent lawyer and anti-corruption activist Todung Mulya Lubis said the fact that only the KPK had shown serious commitment to fighting corruption, while other law enforcement institutions seemed half-hearted at best, showed that Yudhoyono was never serious about reforming the country'€™s legal system.

'€œOn the whole, Yudhoyono has neglected the issue,'€ said Todung.

Todung also blamed Yudhoyono'€™s government for attempting to slow corruption eradication efforts.

The government has been criticized several times for attempting to amend crucial laws in order to undermine the KPK. For example, in 2011, the government proposed a revision to the 2001 Anti-Corruption Law, and in 2013 proposed a revision to the Criminal Code and the Code of Criminal Procedure.

Yudhoyono'€™s Democratic Party faction in the House of Representatives, along with other parties, have even expressed their support for the amendment to the 2002 KPK Law, which would strip the anti-graft body of its investigative authority.

In spite of his pledge to conduct bureaucratic reform, including within the police and the AGO, little has been accomplished in Yudhoyono'€™s second term in office.

Some of Yudhoyono'€™s calls have fallen on deaf ears.

Following the assault on anti-graft activist Tama S. Langkun for uncovering '€œfat'€ bank accounts belonging to a number of police generals, Yudhoyono ordered the police to investigate the incident, but no progress had been made.

'€œThere is in fact a program to reform the police, but no fundamental improvement has been achieved under Yudhoyono'€™s leadership,'€ said Bambang Widodo Umar, a police expert from the University of Indonesia. '€œOne simple proof is that the police continue to use repressive rather than preventive measures.'€

The only positive development recorded during Yudhoyono'€™s term was that he at least allowed the public to monitor and criticize his anti-corruption campaigns.

In 2012, the police attempted to arrest KPK investigator Novel Baswedan following an investigation into a graft case concerning the procurement of a police driving simulator and involving former traffic police chief Brig. Gen. Djoko Susilo. At that time, Yudhoyono bowed to public pressure and ordered the police not to prosecute Novel.

'€œI acknowledge that legal reform is indeed a daunting challenge. I hope the agenda of legal reform will remain our priority in the future,'€ Yudhoyono said in his last state of the nation address in August.

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