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Jakarta Post
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Law revision said to be first step toward KPK disbandment

  • The Jakarta Post

    The Jakarta Post

Jakarta | Thu, October 8, 2015 | 02:01 pm
Law revision said to be first step toward KPK disbandment

Against corruption: Activists joining with the Anti-Corruption Civil Society Coalition stage a peaceful rally in front of the Corruption Eradication Commission (KPK) headquarters in Jakarta on Jan. 23. The rally was a response to the arrest of KPK deputy chairman Bambang Widjojanto by the National Police'€™s Criminal Investigation Agency (Bareskrim). (Kompas/Roderick Adrian Mozes)'€‹

Trisakti University criminal law expert Abdul Fickar Hajar said on Thursday that the revision of Law No. 30/2002 on the Corruption Eradication Commission (KPK), proposed by six factions at the House of Representatives, was a follow up effort to weaken the antigraft body.

'€œIt is not only aimed at weakening the KPK. It is also an initial effort by people in a number of parties, who are worried about being prosecuted for their alleged involvement in graft cases,'€ said Abdul Fickar as quoted by kompas.com in Jakarta.

The law expert also called the revision of several points in the 2002 KPK Law into question. He said it seemed that the revision was aimed at giving the National Police and the Attorney General'€™s Office (AGO) more authority in corruption eradication while in fact these two institutions were prone to misuse by interests of elite groups.

Fickar said one of revision points he was really worried about was about KPK'€™s work period, which was limited to only 12 years after the revised law took effect.

He said disbanding the KPK was a betrayal to corruption eradication commitments of not only Indonesia but also the global community.

'€œThere is also a misunderstanding on what is a so-called ad hoc institution. As an ad hoc institution, it doesn'€™t mean that KPK should function only for a certain period of time. As a term, ad hoc refers to a particular situation and condition, in which we can see that up till now, corruption practices still happen everywhere,'€ said Fickar.

Therefore, the expert said, President Joko '€œJokowi'€ Widodo must take tough actions to ensure his commitment to corruption eradication by not approving the proposed changes to the 2002 KPK Law.

'€œIf the draft revision is deliberated and passed into law, Indonesia'€™s history will record that during President Jokowi'€™s administration the KPK was destroyed. The President'€™s administration will also be considered as a regime that eradicates anti-corruption efforts,'€ said Fickar.

Six House factions proposed the revision of the 2002 KPK Law during a meeting at the House'€™s Legislation Body on Tuesday, kompas.com reported. They are factions of the Indonesian Democratic Party of Struggle (PDI-P), the NasDem Party, the United Development Party (PPP), the Hanura Party, the National Awakening Party (PKB) and the Golkar Party.

In the draft revision, the antigraft body would no longer have either surveillance or prosecution authority. The draft revision also stated the KPK would have the authority to issue investigation termination warrants or SP3, like the ones owned by the National Police and the AGO.

The draft revision also states that wiretapping or recordings cannot be conducted without court consent.

In another article, the draft revision states that the KPK is only allowed to handle a corruption case, which has inflicted Rp 50 billion (US$3.6 million) worth of financial losses to the state. The KPK is also not allowed to recruit employees, including investigators, independently. The draft revision says the KPK must recruit employees from the National Police, the AGO and the Development Finance Comptroller (BPKP). (ebf)(++++)