Jumat, 02 Mei 2008

OBSERVERS CLAIM DISCRIMINATION IN ANTI-GRAFT DRIVE

By Andi Abdussalam

Jakarta, Dec 26, (ANTARA) - Despite some success in prosecuting corruptors, the Indonesian government was viewed as acting discriminatory and inconsistent in fighting corruption.

        Transparency International Indonesia chairman Todung Mulya Lubis said recently Indonesia's corruption perception index had dropped in 2007 by 0.1 points from 2.4 in 2006.

        This was because the Indonesian public's memory had not yet changed and there was inconsistency and discrimination in corruption eradication efforts.

        In the meantime, the Constitutional Court's (MK) action in stripping the Judicial Commission (KY) of its powers to supervise judges' rulings was seen as an inconsistent move in fighting graft.

        After all, there were also unresolved alleged flow of funds from the central bank (BI) to lawmakers and acquittal of timber tycoon Adelin Lis which were all seen as an example of inconsistency in the drive to eradicate corruption.

        On one occasion in April, former President Abdurahman 'Gur Dur' Wahid who is also the Chairman of the National Awakening Party's (PKB) Advisory Board said there was no meaningful progress in the country's effort to combat corruption, as discrimination in upholding the anti-corruption law was something unavoidable.

        "The existing legal mechanism could not prevail in Indonesia. If there is an action to take a legal suit against a suspect, it is often confined in discrimination," Gus Dur said on the occasion of a meeting with some legislators and Constitutional Court's Chairman Jimly Ashidiqie in Jakarta.

        Discrimination in combating corruption was too conspicuous in the sense that the action to persecute corruptors was mostly taken against former ranking officials who were close to former president Megawati.

        Gus Dur disclosed two names of former ranking officials now in jail, namely Said Agil Husein Al Munawar (former religious minister) and Widjanarko Puspoyo, former chairman of the national logistic agency, while other top officials on the list of alleged corruptors appeared to be "untouchables".

        But Constitutional Court's chairman Jimly Ashidiqie was careful in giving his opinion when asked to comment on existing discrimination in combating corruption.

        "Discrimination is possible to prevail on account of the lack of legal enforcement authorities, while the number of cases is so huge," Jimly said.

        Of course the government denied such alleged discrimination. "That's not true. All the processes followed the legal procedures and were based on existing evidence," Presidential spokesman Andi Mallarangeng said.

        Quoting data from the presidential office's SMS center, he said nearly 95 percent of the complaints sent to the center were related to graft cases before 2004.

        "This means that the number of graft cases tended to decline after 2004. But what is important is that all the graft cases have been handled in accordance with the prevailing legal procedures," he said.

        The Constitutional Court was also criticized. The MK's Action in stripping the Judicial Commission (KY) of its powers to supervise court judges' rulings had made it more difficult to combat corruption committed in judiciary bodies.

        "Given the public's low esteem of law-enforcement and the prevalence of judicial corruption in Indonesia, it is difficult for the Judicial Commission not to view every court sentence without suspicion," the Indonesian University Rectors' Forum Chairman Sofyan Effendi said.

        The Constitutional Court's decision to declare the Judicial Commission's power to supervise court sentences unconstitutional was impeding efforts to reform law enforcement because now there was no power in the country that could handle suspicious court verdicts, said Sofyan.

        Meanwhile, the investigation of alleged flow of funds from the central bank (BI) to lawmakers has been progressing in a snail's pace.

        "We try to learn each information on the flow of the fund profoundly. But the step to be taken is still unclear," the Corruption Eradication Commission (KPK) Taufiequrrachman Ruki said in August.

        The Indonesian Corruption Watch (ICW) on August 2, 2007, reported to the KPK on an alleged flow of fund from BI to the House of Representatives (DPR).

        It was allegedly aimed at influencing the process of deliberations on bills on bank liquidation, BI budget, saving guarantee institutions and on bankruptcy.

        The BI however had obtained a copy of the ICW document and established it was a fake because its format differed from that of authentic BI documents, Budi Mulya, BI's director for strategic planning and human relations had said.

        He said in the ICW document the impression was created as if BI had carried out communications beyond the proper procedures. "We know that every activity carried out by BI is always based on an approved budget, including on communications and publicizing activities," he added.

        Dissatisfaction over the fight against corruption was also voiced by Chairman of the People's Consultative Assembly (MPR) Hidayat Nurwahid, regretting the fact in this country that corruption, collusion and nepotism (KKN) is not being eradicated optimally.

        He took as example the trial of timber tycoon Adelin Lis, who had caused the state to suffer big losses for his illegal operations, was later acquitted of all charges leveled against him.

        "I am very sad to learn that the suspect of illegal logging later walked free," he said. (T.A014/A/HNG/B003). (T.SYS/A/A014/B003) 27-12-2007 00:26:26

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