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Analysis: Can KPK meet challenge of probing military graft
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The Corruption Eradication Commission (KPK) headquarters, located in South Jakarta, is seen in this undated photograph. ( (Shutterstock/Vivi Octiasari/Vivi Octiasari)
T
he Constitutional Court recently confirmed that the Corruption Eradication Commission (KPK) has the authority to investigate alleged acts of corruption involving or implicating the Indonesian Military (TNI). What should have been a breakthrough for the antigraft body has instead raised questions over whether the KPK, as it stands today, will be able to fully leverage this investigatory power.
The court added an affirmative stipulation in Article 42 of Law No. 30/2002 on the KPK, which now explicitly states that the antigraft body is authorized to handle corruption cases involving active TNI members if it launched the initial investigation. Legal experts have cautiously welcomed the decision, noting that it addressed a long-standing “gray area” in law enforcement specifically concerning the TNI, which is under the supervision of the Defense Ministry and is hence very difficult to monitor.
For the past decade, the Defense Ministry has enjoyed one of the largest budget allocations from the central government, while the 2025 draft budget has allocated Rp 165.2 trillion (US$10 billion) to the defense sector. Under Prabowo Subianto’s tenure as defense minister from 2019 to 2024, the ministry spent almost Rp 700 trillion. The sector has remained largely insulated from external scrutiny over national security issues and public information on defense spending is limited, as many aspects are deemed classified. This lack of transparency has only increased concerns about the potential misuse of public funds.
While the court ruling theoretically opens a new avenue for oversight, skepticism remains about whether the KPK can effectively investigate alleged corruption in the defense sector, including cases involving military officers.
Siska Baringbing, a researcher at the Indonesian Forum for Budget Transparency (FITRA), has highlighted the potentials of the KPK’s strengthened authority, but also acknowledged that its success would depend on its willingness and capacity to act decisively – both of which have been in doubt since the 2019 KPK Law revision was passed during the presidency of Joko “Jokowi” Widodo.
Apart from the TNI’s ingrained culture of protecting any members subjected to a graft investigation, the KPK has also lacked integrity in pursuing cases linked to the military. For example, the KPK apologized to the TNI in 2023 for investigating a case allegedly involving a three-star officer, sparking public criticism and increasing mistrust about its independence.
Jaleswari Pramodhawardani, a military observer from research institute LAB 45, has noted that cases involving both civilian and military elements often become mired in jurisdictional disputes. While the Constitutional Court’s recent ruling should alleviate the risk of such disputes, its implementation requires unprecedented coordination and political will.
