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House refuses to support legal impunity for KPK commissioners

Lawmakers have rebuffed public pleas for legal impunity for Corruption Eradication Commission (KPK) leaders, arguing that such a request violates the Constitution

Margareth S. Aritonang and Ina Parlina (The Jakarta Post)
Jakarta
Tue, January 27, 2015

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House refuses to support legal impunity for KPK commissioners

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awmakers have rebuffed public pleas for legal impunity for Corruption Eradication Commission (KPK) leaders, arguing that such a request violates the Constitution.

KPK commissioner Adnan Pandu Praja has demanded legal impunity for KPK leaders as protection from the National Police amid escalating tensions between the two institutions.

Urging President Joko '€œJokowi'€ Widodo to issue a government regulation in lieu of law (Perppu) to grant the immunity, Adnan recently argued that such a regulation would protect KPK leaders from prosecution that could prevent them from completing high-profile graft cases during their remaining 11 months in office.

His request has been echoed by other legal experts and activists who have shown support for the antigraft body following a barrage of criminal accusations launched at three out of four of its commissioners.

While several lawmakers from the opposition Red-and-White Coalition have harshly criticized the request, slamming it as unconstitutional, lawmakers from the ruling coalition have been reluctant to respond.

Indonesian Democratic Party of Struggle'€™s (PDI-P) senior politician Pramono Anung Wibowo briefly said '€œthere has to be a proposal [from President Jokowi].'€ The Golkar Party'€™s Aziz Syamsuddin, who chairs House of Representatives Commission III, which oversees the KPK, criticized Adnan, emphasizing that '€œno one should be granted legal impunity'€.

'€œGranting impunity would violate the 1945 Constitution because it says that everyone is equal before the law,'€ Aziz said; a statement that was reiterated by House deputy speaker Fadli Zon, who is in charge of the House'€™s political, legal and security affairs desk.

'€œNo one is above the law in this country. Everyone is equal before the law. Therefore, the President is no different than lawmakers or the KPK [commissioners] or police officers before the law,'€ Fadli, a politician from the Gerindra Party, said.

The National Police named KPK deputy chairman Bambang Widjojanto a suspect in a perjury case surrounding a West Kotawaringin election dispute in 2010, while Adnan, also a deputy chairman, was reported to the police for allegedly illegally taking over shares of logging company, PT Desy Timber, in Berau, East Kalimantan.

Another deputy chairman, Zulkarnain, has been accused of involvement in a graft case while serving as East Java'€™s chief prosecutor in 2009, although no formal report has been filed with the police.

Bambang officially submitted his resignation on Monday, leaving Adnan, Zulkarnain and KPK chief Abraham Samad in charge of the antigraft body.

Having less than five commissioners required by the 2002 law on the KPK, the institution is facing a threat of illegitimate decision making.

Despite the crisis, the House insisted it would not fasten the selection schedule for a new a KPK commissioner to replace retired Busyro Muqqodas, which is set to take place late December.

Commission III lawmakers are convinced that the lack of a commissioner would not impact the KPK.

'€œThus we will stick to the schedule,'€ deputy chairman Desmond Junaidi Mahesa of the Gerindra Party said.

Cabinet Secretary Andi Widjajanto said the State Palace had yet to receive an impunity proposal.

'€œWe [merely] know of the pros and cons that have been raised; but not the details,'€ said Andi.

Law and Human Rights Minister Yasonna H. Laoly hinted such impunity might violate the Constitution.

'€œOur Constitution says that everyone is equal before the law. [Legal impunity] has the potential to violate the Constitution,'€ Yasonna said. '€œSo, I believe what [we all] need is a transparent [legal process]; [and] to ensure each legal institution keeps working [transparently].'€

  • KPK to go on despite lack of commissioners
  • Legal impunity may violate Constitution
  • President has yet to receive impunity proposal

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