Jakarta, May 18 (ANTARA) - Amid National Police's plan to withdraw four investigators from the Corruption Eradication Commission (KPK) and the possible step by the Attorney General's Office (AGO) to follow suit, some quarters have raised the idea that the anti-graft body should have its own independent investigators.
However, some others argued that the KPK should not be institutionalized with its own investigators so that collusion within the commission could be prevented. After all, the law on the anti-corruption body has stipulated that its investigators come from the police force and attorney general's office.
"The existence of the KPK investigators should not be institutionalized. A withdrawal of police investigators is a routine and normal procedure," Gayus Lumbun of House Commission III on legal affairs said.
National Police Headquarters is preparing four officers to be assigned as investigators of the KPK to replace four others who will be withdrawn from the anti-graft body.
"We are preparing four new investigators to replace four others who would be withdrawn from the KPK," Deputy Head of National Police Public Relations Division, Brig. Gen Zaenuri Lubis, said.
In the meantime, the AGO is also considering to follow the police force's step. Junior Attorney General Darmnono said his office did not rule out the possibility of withdrawing its investigators from the KPK such as that being done by the police.
"It is impossible for us to assign investigators too long in an institution. Assigning an investigator to a one place too long could lead the investigator concerned to be involved in judicial mafia practices," Darmono said.
According to Gayus Lumbun who is also a member of the Indonesian Democratic Party of Struggle (PDIP) faction in the House of Representatives (DPR), investigators who are permanently assigned in an institution are prone to collusion practices.
"As an ad hoc institution, the KPK does not need permanent investigators. Moreover, investigators in other institutions like the police force and the prosecutor's office also always change their assignment services," he said.
However, his colleague from Commission III, Bambang Soesatyo of the Golkar Faction supported the idea that the KPK should have independent investigators. He supported the idea which was raised by former KPK acting chairman Tumpak Hatorangan Panggabean and former acting deputy chief Mas Achmad Santosa.
Both said that the KPK should have independent investigators to ensure independent and smooth corruption eradication in the country. "In my opinion, it is time for the KPK to have its own independent investigators in order not to depend on other institutions in dealing with corruption cases," Tumpak said.
Bambang Soesatyo supported this idea. "I agree with the KPK proposal so that the KPK would really be independent, including having independent investigators," Soesatyo said. He said that for the purpose, Commission III would discuss how to make the KPK really independent.
According to Tumpak, the way to spearhead the formation of independent investigators is by the revision of the law on corruption eradication. Pending the revision, the KPK could ask for Supreme Court ruling on the need of independent investigators at KPK who are not from the police or the prosecution office.
Meanwhile, Mas Achmad Santosa said KPK investigators from Polri and prosecution office may have conflicting interests if they deal with corruption cases that involve police or prosecution office personnel.
Thus, the KPK should start to arrange an academic concept on independent investigators, including the mechanism of recruitment and career development. After all, the KPK has the support of the public, government, and the DPR.
"Anyway, a legal umbrella is set up by the government and the political institution that we call DPR," Mas Achmad said.
Indonesia Corruption Watch (ICW) Deputy Coordinator Emerson Yuntho said the Constitutional Court (MA) could provide a judicial opinion for the KPK to have an interpretation of independent investigators.
"The KPK can ask for a judicial interpretation from the MK regarding independent investigators," Emerson said. This would reinforce the KPK legal argument to have independent investigators who are free from having duplicated loyalty to more than one institution.
Emerson said that the argument that there was no regulation arranging the existence of independent investigators could be countered with what is stipulated in Article 3 Law No. 30 / 2002 on the KPK. Article 3 of the law states that the KPK is a state institution, which is independent and free from any power in carrying out its task and authority.
Regardless of whether or not the KPK will have its own investigators, the police force is preparing to four new police officers to replace ones already serving at the KPK.
Brig. Gen Zaenuri Lubis said that in order to be assigned as KPK investigators, police officers should pass through several competence tests so that they could work maximally. The competence test includes law on corruption crimes and procedural laws on corruption.
"We will withdraw two officers with a commissioner rank and two others with an adjunct commissioner rank. They will be assigned in a position one level higher or in a position equal to their present post," he said.
(T.A014/ H-NG ) 18 - 5 - 2010
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