Jakarta, Feb 18 (Antara) - Two constitutional experts have expressed support for creating a monitoring agency to supervise the Corruption Eradication Commission (KPK) and assure the anti-graft agency abides by the nation's constitution.
Supervision of the KPK is needed to prevent it from becoming a tyrannical agency, according to constitutional expert Margarito.
"The KPK is a major authority. If it is not controlled, it could become a tyrannical agency," Margarito said in the Parliament building on Wednesday.
Another constitutional law expert, Irmanputra Sidin, said he has challenged the mainstream, which is against the presence of a watchdog body in charge of supervising the performance of the KPK.
He supports calls for the forming of a watchdog body for the Corruption Eradication Commission (KPK).
"In my opinion, a supervisory body is constitutionally a principle for all agencies, to assure they remain operating within the boundaries of the constitution," Irmanputra told reporters on Tuesday.
Also, he dismissed fears that a watchdog would weaken the KPK in carrying out its mission to fight rampant corruption in the country.
Still, many circles protested the plan of the House of Representatives (DPR) to initiate the revision in LawNo.30/2002 on the Corruption Eradication Commission (KPK), which they said would weaken the anti-graft agency. Protests came from many politicians, legal experts, observers and non governmental organizations.
The protests are focused on a number of points in the draft revision, including a call for the formation of the watchdog body, as well as limitations on KPK's authority to wiretap, hand down indictments and recruit its own investigators, as well as the ability of the KPK to discontinue investigations.
The move to revise the KPK law is widely seen as a step to weaken KPK, which has sent tens of politicians to jail, including lawmakers as well as government officials.
Imanputra said that under constitutional principles, there is no extreme system that could weaken an agency, he said.
Limitations on power is absolutely needed and one method is through a supervisory body, he added. He said he hopes the public would not be entrapped by the opinion that revising the KPK law was a trick to weaken the KPK.
"Corruption is our common enemy and eradication of corruption is in the national interest. Therefore, it should be intensified," he said.
Revision of the KPK law is part of attempts to strengthen the agency in carrying out its mission, he said.
For it is the duty of the government and the Parliament to improve the system and strengthen state agencies within constitutional systems, he added.
According to Constitutional expert Margarito, the revision of the law should be aimed
at upholding the country's legal supremacy.
"The KPK has been working hard so far, but corrupt practices continue to flourish," Margarito stated at a discussion on the revision of the KPK law at the Parliament building.
However, he noted, the proposal to revise the KPK law seems to be mainly based on political considerations by factions in the House of Representatives.
Margarito highlighted two proposals for revision involving wiretapping and the formation of a supervisory body to control the KPK.
Under the revision, wiretapping can be conducted by the KPK after it receives the approval of the court. Margarito said the KPK should not be hampered by the obligation to obtain a permit for wiretapping because this would only restrict the authority of the anti-graft body from investigating possible corruption cases.
"I believe the KPK should not need a warrant in this case," he remarked.
The draft revision also proposed that a supervisory institution be established. Margarito noted that he agreed with this proposal, which would ensure the KPK, as a major authority, was also under control.
"The KPK is a major authority. If it is not controlled, it could become a tyrannical agency," he asserted.
He cited as an example the situation of a police commissioner general who was about to be assigned as the head of the National Police (Polri) when the KPK suddenly named him a suspect in a corruption case.
"But after the case was investigated, the evidence was found to be weak. (Things like) this can damage the careers and reputations of people," he said.
Therefore, Margarito stated that he supported the revision of the KPK law in the interest of upholding the supremacy of the law, particularly in combating corruption, but not in any way that would reinforce or weaken the KPK.
In the meantime, legislator Jazilul Fawaid, who is the secretary of the faction of the National Awakening Party (FPKB) in the House of Representatives (DPR) basically support the establishment of the supervisory body but it should not interfere in investigation process.
"The KPK's supervisory body should not intervene in the examination, investigation, and prosecution process being handled by the KPK," Jazilul Fawaid, secretary of the faction of the National Awakening Party (FPKB) in the House of Representatives (DPR), noted at the Parliament building here on Thursday.
Fawaid remarked that all institutions should be supervised, but the supervision mechanism should be regulated. The supervision on the KPK by a supervisory body is regulated in the revision of the law on KPK.
Fawaid explained that the function of the supervisory body was to obtain a periodic report on KPK's performance.
"Many people question the thought process of the supervisory body, believing that it would meddle in the wiretapping activities conducted by the KPK. It is not true as it would instead reinforce the basis of wiretapping," he pointed out.
The Democratic Party Faction (PDF) in the House of Representatives (DPR) has consistently rejected the move to revise Law No. 30/2002 as it will weaken the authority of the anti-graft institution.
"We reject the move to revise the law because we are of the view that the only impact it will have is to weaken the KPK's authority," PDF chairman Edhie Baskoro Yudhoyono said on Wednesday.
He said the authority of the KPK and other law enforcing institutions, such as the National Police and the Attorney General's Office, should be reinforced and developed into effective institutions which can uphold the country's legal sovereignty.
According to Edhie, there has been no urgency to necessitate the revision of the KPK law. "After all, the KPK has been manned by credible and selected personnel, who have the proven ability to drive law enforcement in Indonesia," he said.***2*** (a014/INE)
(T.A014/A/BESSR/A. Abdussalam) 18-02-2016 20:28:0 |
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