It is impossible that this fast and simultaneous political process is just a coincidence. The agreement of all factions in the DPR to revise the KPK Law is a repeat of a similar incident in 2016.
By
Suwidi Tono
·6 minutes read
DIDIE SW
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The issue of corruption has again attracted attention in line with worries over the selection of candidates for the leadership of the Corruption Eradication Commission (KPK), the launch of the revision to Law Number 30 of 2002 concerning the KPK, the inclusion of corruption criminal clauses in the Criminal Law Procedures Code Bill and the revision of the Correctional Law.
It is impossible that this fast and simultaneous political process is just a coincidence. The public and activists have highlighted that the four agendas are a systematic weakening of the efforts to eradicate corruption (Kompas, 5/9/2019). The agreement of all factions in the DPR to revise the KPK Law is a repeat of a similar incident in 2016. At that time, the President and the DPR agreed to postpone and not include it in the national legislation program in the following years. The launch of efforts to revise the KPK Law by raising the old issues about wiretapping permits, the right of prosecution, the formation of the KPK Supervisory Board and several other restrictions certainly provokes astonishment as well as questioning about the seriousness of the DPR in fighting corruption.
Instead of revising the KPK Law, the DPR should have a moral responsibility to revise the Corruption Law because private sector corruption, foreign bribery, illicit enrichment and trading of influence have not been included in the law. In reality, Indonesia signed the ratification of the United Nations Convention Against Corruption in 2003 and in 2007 committed itself to implementing these four things into legislation. The fact is that this commitment is only a promise and on the contrary has the ambition to cut the KPK\'s authority.
The inclusion of a corruption article in a special criminal offense in the Criminal Code Draft (RKUHP) with the threat of imprisonment and fines lighter than the Corruption Law, including the elimination of the threat of capital punishment, clearly reflects the insensitivity to the impact of humanitarian crimes. Coupled with the "remission sale" in the revision of Penitentiary Law No. 12 of 1995, it is difficult to deny that all political processes do not mean to torpedo the anti-corruption movement and institutions.
In such a situation, the process of due diligence and appropriateness of the 10 KPK leadership candidates resulting from the selection committee\'s work can be said to be an inappropriate opportunity and has great potential to bend the nation\'s big agenda to fight and eliminate corruption. This is the concern of anti-corruption activists and coalitions of civil society if the KPK leadership candidates cannot avoid being presented and ultimately compromise with the DPR\'s "potion package".
Support for the KPK
It has to be highlighted that the serious setback of the future design of the prevention and eradication of corruption contradicts the fact that many studies confirm that people\'s choice and appreciation of President Jokowi\'s government is supported by high confidence and assurance in his commitment to eradicating corruption. The statement "without burden" made during the presidential election campaign to continue the second period of his leadership was interpreted by the public as great determination to inherit fundamental legacy.
The mismatch between the message and the acquisition of support and the political process to weaken the KPK and anti-corruption movement shows a relationship that is not in line with public expectations. The rising optimism will quickly fade when the management of the issue of corruption that has long been in the "emergency" phase is not responded to carefully and measurably.
There are at least four main reasons why the KPK and the opportunity to eradicate corruption must be taken care of and maintained. First, the raison d\'etre for the formation of the KPK in 2002 departs from the nation\'s multidimensional crisis with corruption, collusion and nepotism (KKN). This chronic disease has not declined significantly, even spreading and penetrating deeper into the bureaucracy, the private sector, political parties and law enforcement institutions.
Second, the initial spirit that underlies the formation of the KPK as a trigger effect on the optimal operation of law enforcement institutions (the police and prosecutors) has not received a commensurate resonance, so the practice of corruption continues to expand. The spirit of the founding of the KPK has become increasingly irrelevant in the face of challenges.
Third, the KPK consistently wins public trust and is always in the highest rank as a trusted institution. This reputation has been built not in an easy way in an atmosphere of openness and increasing critical power. Limited rationality that seeks to confront the KPK\'s reputation vis-à-vis individuals or institutions in the battle of concepts and implementation immediately sparks the discrepancy and suspicion when compared to its capacity, credibility and integrity.
Fourth, national honor and progress are closely related to the ability to prevent and eradicate corruption. Rankings in the ease of doing business, world competitiveness and human social capital places corruption as a determining indicator. Therefore, the state cannot avoid the necessity of continually creating good governance. Similarly, the Corruption Perception Index, which is a composite performance of many forming variants, sends a clear message that aggregate cooperation between parties with the government as its motor is a necessity. In other words, the KPK is not the only determinant to improve the grade point average (IPK) ranking.
Evil consensus
The shallow narrative on the need to reform the KPK continues to be launched with various maneuvers that deny real facts. The reality that corruption grows due to widespread greed, a weak system and legal sanctions that fail to provide a deterrent effect is not sufficient to awaken and accelerate the need to make more effective parent legislation and prevention schemes to close the gap.
The hustle and bustle in the process and political decisions, that marginalize initiatives and calls for the formulation of shared virtues, show a flawed democracy and a serious moral flaw. The long, latent, and planned agenda to weaken the KPK can be seen as a form of evil consensus that wants to lead the nation to the brink of destruction.
In a political system and structure laden with kleptocracy, oligarchs, dynasties, and high costs, important decisions to achieve national progress and honor should not be left to a cash value political process that negates public deliberation and accountability. All non-political party civilian forces must work together and be called upon to oversee the process of potentially ignoring the destruction of KKN in accordance with the mandate of the 1998 reform.
The estuary of the whole process and commotion is now placed on the responsibility of the President. In the past, public aspirations and resistance to efforts to weaken anti-corruption had received positive responses. Attacks and various forms of threats to the existence of the KPK have always been neutralized by the President.
Departing from this experience, it is natural for the public and national figures to place high hopes on the President to overcome the political maneuvers of weakening the KPK. The corruption eradication agenda should be a joint effort. No nation can advance, be respectful and prosperous if the level of corruption is high and rampant.
Suwidi Tono, Chairperson of Inter-Institutional Relations of the Inter-University Anti-Corruption Movement
