Senin, 18 Mei 2009

ICW, LAWMAKERS AT ODD OVER ANTI-GRAFT BODY ISSUES

By Andi Abdussalam

Jakarta, May 9 (ANTARA) - The Indonesian Corruption Watch (ICW) says that lawmakers must have misinterpreted the law when they questioned the validity of decisions to be taken by the collective leadership of the Corruption Eradication Commission (KPK).

        House's Commission III for legal affairs in a meeting on Thursday with KPK asked the collective leadership of the anti-graft body not take principle decisions after the suspension of its chief for alleged involvement in the murder of Nasrudin Zulkarnaen, director of PT Putra Rajawali Banjaran (PRB) last March.

        During the meeting Commission III lawmakers questioned the validity of KPK decisions, particularly those related to investigations and prosecutions because Antasari Azhar, its chief, has been suspended and detained by police on murder charges.

        The anti-graft body has been led by the collective leadership of its four deputies since Antasari Azhar was named a suspect early this month in the murder of Zulkarnaen.

        The lawmakers argued that Article 21 of Law No. 30 / 2002 on KPK stipulated that the KPK leadership consisted of one chairperson and four deputies. Therefore, the KPK should only perform its preventive functions and delay all its enforcement activities, including investigations and prosecutions.

        ICW Coordinator Danang Widoyoko said the lawmakers misinterpreted article 21 of the law which they took as a reason to question the validity of decisions by KPK collective leadership of four deputies.

        "Article 21 of the law basically only stipulates KPK's institutional structure and leadership elements," Danang Widoyoko said on Friday. The article has no direct relations with the decisions of KPK collective leadership as questioned by the lawmakers.

        Commission III member Eva Kusuma Sundari of the Indonesian Democratic Party (PDIP) faction, said that the KPK collective leadership which now consisted of only four deputies would face a technical problem in taking a decision.

        "The number chairman and deputies in KPK leadership is made odd in order to smooth a decision making process through voting when it faces a deadlock," she said.

        Lukman Hakim Syarifuddin of the United Development Party (PPP) faction argued that the KPK should not make any principle decisions before the elements of its leadership were completed. This is to avoid a KPK decision with legal flaws.

        He said that KPK should wait for a decision which permanently discharged Antasari Azhar as its chief, or wait for the absence from office of the suspended KPK chief for three-consecutive months.

        The ICW is suspicious why the lawmakers are so aggressive in questioning the validity of KPK collective leadership after its chief Antasari Azhar was suspended in connection with the murder charges.

        The non-governmental organization expressed its rejection of any form of political intervention into the anti-graft body.

        "ICW rejects all forms of political intervention which try to weaken KPK," Danang Widoyoko said.

        He said that there seemed to be other interest of the lawmakers why they were so aggressive to question the validity of the collective leadership decisions.

        The ICW coordinator said that the calls by Commission III members during Thursday's hearing that KPK should delay all forms of investigations until the KPK leadership had complete five members could be categorized as an effort to weaken the anti-graft body.

        "Why don't they let the KPK work as usual and resume its investigation," he said. He called on the four KPK deputies, namely Chandra M Hamzah, Bibit Samad Rianto, Haryono Umar and H Jasin, to continue KPK's agenda in fighting corruption, including investigating an alleged bribery case in the selection of Bank Indonesia's Senior Deputy Miranda Swaray Gultom.

        KPK deputy chairman Bibit Samad Rianto meanwhile said KPK had to remain operating, adding corruption eradication operations could be hindered if the present KPK leaders were not allowed to make decisions.

        On a separate occasion, presidential special staff for legal affairs Denny Indrayana said that actually the problem of vacancy in the KPK chairmanship could be settled internally by the rest four KPK leaders without necessarily conducting selection.

        "I think because KPK is an independent state commission and coincidentally no law regulates the case it is better if we refer it to internal mechanism within KPK so that its independence is safeguarded and operations run smoothly," he said

        House Speaker Agung Laksono also voiced the same thing asking the KPK to continue its investigations without the need to be hindered by the legal case that befell its chairman Antasari Azhar.

        "The House appeals to the KPK leadership to continue its jobs and function as usual," Agung Laksono said.

        He said that he had received a report from Commission III chairman Trimedya Panjaitan on the results of the commission's hearing with KPK on Thursday.

        "We agree to make public the House stance with regard to the matter, namely to ask the KPK to carry out its strategic and important tasks based on the people's mandate in fighting corruption crimes," Agung Laksono aid. ***4*** (T.A014/A/HAJM/12:30/a/f001) (T.A014/A/A014/A/F001) 09-05-2009 12:28:51

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