Selasa, 20 Oktober 2015

RI NEEDS TO IMPROVE ITS LEGAL CREDIBILITY

by Andi Abdussalam
         Jakarta, Oct 20 (Antara) - Legal observers have opined that the government has to improve law enforcement in the country to restore public confidence, which has dropped due to alleged criminalization against anticorruption officials and activists.
        President Joko Widodo (Jokowi) is facing a major challenge to restore the credibility of its government in enforcing the law in the second year of his administration, according to the Transparency International Indonesia (TII).
       "The credibility of his government with regard to legal enforcement has been tarnished as a result of criminalization against anticorruption activists and leaders of the Corruption Eradication Commission (KPK)," TII Secretary General Dadang Trisasongko stated on Sunday.
        Dadang noted that the Jokowi government in its second year should focus on ensuring the implementation of reforms in the police and prosecutor institutions.
        President Jokowi's government has completed a year in office on Tuesday, October 20, 2014.
         After a year of his government, several problems still remain unsettled based on his Nawacita (nine national development priority) programs that he promised during the election campaigns.



         According to Setara Institute Chairman Hendardi, President Jokowi in the past year had not yet demonstrated leadership qualities in the legal field.
        "Jokowi's leadership is still confined to development in the infrastructure field and not all areas," Hendardi stated in a short text message to Antara News Agency on Sunday.
        Hendradi believed that in the fight against corruption, the president had failed to conduct effective leadership, which supported efforts to eliminate corruption.
        The government still served only as a "fire extinguisher" to handle conflicts, which were basically created by ministers and state officials under his administration, noted Hendardi.
        "In such a passive leadership in the fight against corruption, it is difficult to achieve a significant breakthrough," he emphasized.
         After all, in the past ten months, the alleged criminalization of the KPK has eroded the confidence of the people in the enforcement of the law.
         Trisasongko noted that accusations have been leveled against anticorruption activists and leaders of the KPK since the last 10 months, thereby resulting in dwindling public trust on the police and prosecutors.
         "Jokowi must order the police and prosecutor's office to stop criminalization practices," he said, adding that the Jokowi-Jusuf Kalla government also has homework to accomplish with regard to the weakening of the KPK.
         Hendardi stated that the discourse on the revision of the KPK law also had the potential to weaken the anti-graft agency. After all, regional heads, ministers, and institutions under Jokowi are also increasingly "pampered" through a form of anti-criminalization protection. However, Hendardi did not further offer detailed explanations on what he meant.
          He pointed out that in the legal field, Jokowi had also failed in playing a significant role and in managing the National Legislation Program (Prolegnas), which is deliberated with the House of Representatives (DPR). The Prolegnas is expected to adopt programs, which will protect laws and are obviously needed by the people.
         "The people are not yet confident regarding the performance of law enforcers and on the integrity of officials in the legal field," he said.
         Hendardi believed that the minister of law and human rights had not yet been effective as a public official but as a representation of a political party and had become a protector of the political party's interest.
          Constitutional expert Irmanputra Sidin seconded Hendardi's view, saying that the Jokowi administration, after a year in power, had not yet developed a legal certainty and implemented the law fairly.
         "The Jokowi government has not yet provided fair legal certainties as is evident by the decisions of Minister for Law and Human Rights Yasibba Kaikt regarding the internal conflicts in the Golkar Party and the United Development Party (PPP)," Irmanputra remarked.
         The two political parties are still plagued by internal conflicts and protracted dual leadership.
        Minister Yasonna Laoly's decision over the Golkar leadership conflict that was in favor of Agung Laksono has been cancelled by the State Administrative Court (PTUN). The minister finally challenged the PTUN's verdict in the higher court, but it gave a ruling in favor of Aburizal Bakrie. 
    Irman pointed out that a similar thing also happened in case of Laoly's decision on the dual leadership conflict of the PPP, between the leadership of the Djan Faridz and Romahurmuzy camps.

          Therefore, according to TII Secretary Dadang Trisasongko, political consolidation after Jokowi's election as president has seemingly not yet been accomplished even within his supporting political parties.
          "They have different interests that are even contradictory to Jokowi's priorities. These conditions influence several aspects. For instance, the president does not seem to have a significant role regarding the initiative to revise the KPK law and the criminalization process of anticorruption activists," he affirmed.
           Dadang believed that the president should take a firm stance in rejecting the revision of the KPK law or other legislation programs, which have the potential to weaken the KPK and the Draft Law on National Remission.
           Irmanputra suggested that the Jokowi government should change its strategy in a bid to eliminate corruption.
           "The president should change his strategy to serve as a deterrent effect to corrupt people. Otherwise, it will become a cause for disharmony as a result of corruption elimination only being used as a means of battle by the country's major political players," he added.***2***(A014/INE)EDITED BY INE(T.A014/A/BESSR/F. Assegaf) 20-10-2015 15:25:3

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