REVISION OF ANTI-GRAFT LAW FINALLY POSTPONED

By Andi Abdussalam

Jakarta, Feb 22 (Antara) - The planned revision of Law No.30/2002 on Corruption Eradication Commission (KPK) is finally postponed after President Joko Widodo (Jokowi) met with the leadership of the House of Representatives (DPR) and of the KPK on Monday.          The postponement of the law revision followed the pros and cons regarding four points of the draft revision which many quarters saw as an attempt to weaken the authority of the anti-graft body in fighting corruption in the country.          "After a comprehensive discussion, we agreed that the issue of revision of KPK law should not be discussed at this time. It must be postponed. I looked at the need for sufficient time for finalizing the planned revision of the law and making the public aware," President Jokowi stated after meeting with the leaders of the DPR and the KPK.          On Wednesday night last week, the DPR decided to postpone the deliberation of the draft from Thursday (Feb.18) to next Tuesday (Feb 23).  It has planned to take the draft to its plenary to decide whether it could be endorsed as the House initiative to revise it.          However, a series of opposition to the plan from many quarters have come to the surface in the run up to the plenary session, including from the Democrat Party leaders and religious figures.

TWO EXPERTS SUPPORT ANTI-GRAFT AGENCY WATCHDOG

by Andi Abdussalam

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.

ANTIGRAFT BODY MUST BE REINFORCED AFTER LEADERS' DISCHARGE

By Andi Abdussalam

Jakarta, Feb 19 (Antara)  - The Corruption Eradication Commission (KPK) plays an important role in fighting graft in Indonesia, which is ranked 107th on the list of corrupt countries based on the Transparency International rating in December 2014.          Since its establishment in 2003, the KPK has been successful in making changes in the fight against corruption in Indonesia. It has sent numerous corrupt people, including former minister, governor, regent and many others, to jails.          It is only reasonable if corrupt people are afraid of the anti-graft body and try to criminalize it and weaken its function. Many of its leaders such as Antasari Azhar, Bibit Samad Riyanto, Chandra Martha Hamzah, and now Abraham Samad and Bambang Widjojanto, have to face court.

GUNAWAN'S POLICE CHIEF CANDIDACY DROPPED

By Andi Abdussalam
Jakarta, Feb 18 (Antara) -- The intense conflict between the Corruption Eradication Commission (KPK) and the National Police (Polri) seems to have been resolved by President Joko Widodo.          Using his prerogative, the President finally decided on Wednesday to drop the nomination of Commissioner General Budi Gunawan for the post of the national police chief and replaced him with Commissioner General Badrodin Haiti.          In January, President Jokowi had named Budi Gunawan as the sole candidate for the post of the police chief and proposed him to the House of Representatives (DPR) for its approval. However, several days later, the KPK named him as a suspect in a case of corruption, alleging that he had received bribes through suspicious transactions when he headed the Police Headquarters' Career Planning Bureau in the 2003-2006 period.          Following this, the president decided to postpone installing Gunawan, despite the DPR having approved his nomination.

ANTI-GRAFT BODY NABS SENIOR PARTY POLITICIANS

By Andi Abdussalam

Jakarta, Jan 28 (ANTARA) - Three days after it vowed to solve all corruption cases in 2011, the Corruption Eradication Commission  (KPK) arrested on Friday 2t least 19 former  legislators and senior party politicians as part of its effort to solve a Rp24 billion bribery scandal.          The bribery scandal was linked to the appointment of Miranda Goeltom as Bank Indonesia (BI/central bank) senior deputy governor in 2004.          Among those arrested on Friday were senior Golkar Party cadre who is former national development planning minister Paskah Suzetta, and a senior politician of the Indonesian Democratic Party of Struggle (PDIP) Panda Nababan.          The anti-graft body will question the 25 suspects who allegedly  received bribes in the form of traveler's checks for  the election of  Miranda Goeltom as BI senior deputy governor.          "They are all to be questioned simultaneously," KPK spokesman Johan Budi said here on Friday. He said that the commission was speeding up the handling of the alleged traveler's check bribery case so that they would be questioned at the same time.          There were at least 14 legislators (members of Commission IX) of 2004-2009 named suspects in the traveler's check bribery case and arrested on Friday.  According to online website 'Inilah.Com', six of them were Golkar Party cadres, such as Paskah Suzetta, Baharuddin Aritonang, TM Nurlif, Asep Ruchimat Sudjana, Reza Kamarullah and Achmad Hafiz Zawawi.          Seven were PDIP cadres, namely Ni Luh Maryani, Max Moein, Engelina Pattiasina, M Iqbal, Poltak Sitorus, Soewarno, and Matheos Formes. One other from the United Development Party (PPP) was Daniel Tanjung.          Some of the suspects held at the Cipinang Penitentiary in East Jakarta included Sofyan Usman, Paskah Suzetta, Daniel Tanjung, Sutanto Pranoto, Poltak Sitorus, Matius Formes, M Iqbal, Martin Briaseran and Hafid Zawawi.           Some others were held at the Salemba Penitentiary in Central Jakarta, namely Asep Nuhimat, Baharudin Aritonang, Nurlip Suwarno and Reza Kamarullah. The former legislators who were held at the Women's Penitentiary are Angelina and Ni Luh Mariani.          According to the Jakarta Globe, twenty six people were allegedly involved in the case, but one had passed away (Jeffrey Tongas Lumban) and another, Antony Zeidra Abidin, has been detained in a separate case. Of the 24 who were supposed to be questioned on Friday, four claimed to be ill and one (Budiningsih) was out of town.          The Jakarta Globe also mentioned that from the Golkar Party, ten cadres were suspected to have received bribes, namely Ahmad Hafiz Zawawi (Rp600m), Marthin Bria Seran Rp250m, Paskah Suzetta Rp600 million,  Boby Suhardiman Rp500m , Antony Zeidra Abidin Rp 600m, TM Nurlif Rp550m, Asep Ruchimat Sudjana Rp150m, Reza Kamarullah Rp500m, Baharuddin Aritonang Rp 350m, Hengky Baramuli Rp 500m.          Those from PDI-P were Agus Condro Prayitno Rp500m, Max Moein Rp500m, Rusman Lumbantoruan Rp500m, Poltak Sitorus Rp500m, Williem Tutuarima Rp500m, Panda Nababan Rp1,450m, Engelina Pattiasina Rp500m, Muhammad Iqbal Rp500m, Budiningsih Rp500m, Jeffrey Tongas Lumban Rp500m, Ni Luh Mariani Tirtasari Rp500m, Sutanto Pranoto Rp600m, Soewarno Rp500m, Matheos Pormes Rp350m.          Two from the United Development Party (PPP) namely Sofyan Usman Rp250m and Daniel Tandjung Rp 500m.          KPK has earlier discovered alleged bribery during the election of Bank Indonesia senior deputy governor in 2004 which was finally won by Miranda Goeltom.          Commenting on his arrest, Paskah Suzetta questioned the move of the KPK investigators who did not take actions against Miranda Goeltom. "A bribery case must involve two sides, namely those who gave and those who received it," he said adding that the party who were believed to have given the bribes was not named a suspect.         "This is political," he said.          He said he would take political actions to fight his arrest and also the arrest of others.          In the meantime, the Golkar Party said it was ready to provide legal aid for its cadres who were arrested.          "We will surely provide them with legal defense," Deputy Chairman of the House of Representatives (DPR)'s Commission III on legal affairs, Aziz Syamsudin who is also of the Golkar faction, was quoted by Inilah.com as saying.          Angelina who looked unable to accept the KPK's move said that the detention was an effort to distract the people's attention from other corruption cases such as the Rp6.7 trillion Bank Century bail-out scandal and the case of Gayus Tambunan.          In the meantime, PDIP leader Megawati Soekarnoputri has asked Panda Nababan to remain strong in facing his legal case.          "I just now told Ibu (Mme) Mega about Pak (Mr) Panda who has been  arrested by  KPK officials and Ibu Mega advised that Pak Panda should remain strong," the party's head of legal affairs, Trimedya Panjaitan, said when contacted through his cell phone here on Friday.          Panda was arrested at around 11 pm at the Soekarno-Hatta airport.  He  was to leave for Batam to attend a leadership meeting of the PDIP there.          Trimedya said Mega had also advised that Panda dare face the charges against him and unveil the truth. "Ibu Mega also asked where Pak Panda was being held," he said.      (T.A014/A/HAJM/A/S012) 28-01-2011 22:55:

ANTI-GRAFT BODY TO HAVE INDEPENDENT INVESTIGATORS?

 BY Andi Abdussalam

          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