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Jokowi urged to intervene in KPK deadlock

A former advisor to the Corruption Eradication Commission (KPK) has urged President Joko “Jokowi” Widodo to encourage the House of Representatives to accelerate the final screening to select the antigraft body’s new commissioners for the 2015-2019 period

Haeril Halim and Tassia Sipahutar (The Jakarta Post)
Jakarta
Fri, November 27, 2015

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Jokowi urged to intervene in KPK deadlock

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former advisor to the Corruption Eradication Commission (KPK) has urged President Joko '€œJokowi'€ Widodo to encourage the House of Representatives to accelerate the final screening to select the antigraft body'€™s new commissioners for the 2015-2019 period.

Former KPK advisor Abdullah Hehamahua said on Thursday said that Jokowi could use his authority as the head of state to summon House leaders and discuss the issue.

House Commission III on legal affairs, which is in charge of the confirmation hearing of the 10 candidates proposed by the government in August, has been delaying the final screening process despite the looming deadline of Dec. 16.

A vacuum of power could leave 195 graft cases the KPK is currently investigating in limbo as KPK leaders must give approval at many stages of the investigative process.

The lawmakers have claimed irregularities in the selection process run by a government-sanctioned committee, have resulted in poor quality candidates.

They are currently considering the option of returning the candidates to Jokowi for another selection process to pick '€œbetter candidates'€, a move that Abdullah deemed as having the potential to violate Article 30 of Law No. 30/ 2002 on the KPK, which obligates the House to hold a confirmation hearing for KPK commissioner candidates proposed by the government.

As Article 30 does not stipulate punishment should the House refuse to hold a confirmation hearing for government-proposed candidates, Abdullah also urged Jokowi to consult with the Supreme Court, as the highest interpreter of the law in the country, to define the phrase '€œoblige'€ in order to force the House to comply with Article 30.

'€œAfter seeking advice from the Supreme Court the President can issue a Perppu [regulation in lieu of law] to appoint acting commissioners for the KPK to fill the vacuum of power should the House fail to meet the 21 deadline,'€ Abdullah told The Jakarta Post on Thursday.

Abdullah further said that Jokowi could also issue a Perppu instructing the current KPK leaders to remain in their posts until new KPK commissioners were selected. '€œThe President could take either way because it is his prerogative to do so,'€ the former advisor added.

Commission III has also argued that the final candidates did not include a prosecutor from the Attorney General'€™s Office (AGO), citing an article in the KPK Law that stipulates that KPK leaders have the right to act as prosecutors or investigators on corruption cases during their tenure.

Abdullah said that the House had misinterpreted the KPK Law as Article 21 automatically gave selected KPK leaders additional authorities despite their backgrounds, adding that the House had overlooked the fact that none of the KPK leaders for the 2004-2008 period was an AGO prosecutor.

Former KPK commissioner Chandra M. Hamzah said that the additional rights of KPK leaders were regulated under the KPK Law based on the thinking that there could be a situation in which a KPK leaders could step into a case to become an investigator or prosecutor if there was no investigator or prosecutor available in the field.

'€œThe Article gives KPK leaders a mandate to prosecute or investigate cases on their own in an extraordinary situation,'€ prominent lawyer Chandra, told the Post on Thursday.

Jokowi said that he had heard that Commission III would soon conduct the screening of the KPK commissioner candidates.

'€œI have heard that Commission III will soon make a decision. The House will select five of the 10 candidates because it is a legal order,'€ Jokowi said on Thursday.

The House will select five of the ten candidates through the screening process, for the President to approve before commencing their jobs in December.
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