Govt Carefully Studies Draft Revision

The KPK considers that internal improvements are needed, but the revision of the KPK Law is not the solution.

KOMPAS/HERU SRI KUMORO

An anticorruption activist holds up a poster that reads “Jokowi agrees to KPK Law revision = KPK is dead!” in front of funeral flower boards during the #SaveKPK demonstration on Sunday (8/9/2019) at the Corruption Eradication Commission (KPK) in Jakarta. Activists of the #SaveKPK movement claim that the House of Representatives’ (DPR) plan to revise the KPK Law and the problematic candidates who have been shortlisted as KPK commissioners are deliberate efforts to weaken the KPK and the nation’s anticorruption drive.

JAKARTA, KOMPAS — The government carefully studied the draft revision of Law Number 30 Year 2002 on the KPK that was the initiative of the DPR. Therefore, the government has not yet been able to issue a presidential letter that would mark the start of the discussion of the draft law between the government and the DPR.

As of Monday (9/9/2019) civil society members continued to ask President Joko “Jokowi” Widodo to reject the revision of the KPK Law at the end of the 2014-2019 term of the DPR, as it was considered to weaken the KPK.

On Monday, President Jokowi assigned Law and Human Rights Minister Yasonna H Laoly to study the draft of the KPK Bill. Yasonna entered the Merdeka Palace complex in Jakarta around 10:35 a.m. In less than an hour, he left the palace.

Yasonna explained to journalists that President Jokowi provided the draft revision of the KPK Law and requested that the draft be studied. Only after that, the government will take a stance.

According to Yasonna, there were a number of things that attracted the attention of the President in the draft bill. However, he was not yet willing to explain in detail.

With regard to the president\'s letter about the deliberation of the KPK Bill, Yasonna said, the letter had not been issued as of Monday.

KPK continues to improve internally

The KPK understands the importance of internal improvement. However, the revision to the KPK Law is not a solution because the current law still guarantees the effectiveness of the KPK\'s performance.

KPK Spokesman Febri Diansyah said that thus far the internal improvement and supervision of the KPK involve many elements, both internal and external. Internally, there is an internal supervisor, the Employee Advisory Board that works if there is suspicion of serious violations, and the Ethics Committee if the leaders are suspected of violating ethics.

External supervision in the handling of cases can be carried out for the pretrial to the trial. Moreover, the KPK is also required to report its performance periodically to the President, the DPR, the Supreme Audit Board and the public. This, among other things, is carried out in the form of annual reports, hearings and financial audits.

Febri also said that the KPK respected President Jokowi\'s order to Minister Yasonna H Laoly to study the DPR\'s KPK draft bill. The KPK expressed hope that it would be done as well as possible.

According to Febri, if the KPK\'s draft bill is approved, the KPK to tap, search and confiscate must obtain permission from the Supervisory Board to be formed by the DPR on the President\'s proposal. Moreover, KPK investigating personnel will come from the Indonesian National Police, Attorney General\'s Office and have the status of state civil servants. Meanwhile, in the case of prosecution, the KPK must coordinate with the Attorney General\'s Office. The revision will also mean investigations and prosecution of allegations of corruption that are not completed within one year be halted.

KOMPAS/HERU SRI KUMORO

Anticorruption activists and employees of the Corruption Eradication Commission (KPK) hold up posters reading “HELP” during the #SaveKPK demonstration on Sunday (8/9/2019) at the KPK’s Jakarta headquarters. The movement is protesting what they claim are political machinations in a deliberate effort to weaken the KPK and the nation’s anticorruption drive.

"If the revision to be carried out contains points as discussed lately, it is not impossible that the KPK will be paralyzed and then die," said Febri.

Potential for revision limited

In the midst of public rejection, the DPR still wants to complete the revision of the KPK Law in this period. "It is also possible for the President to issue a presidential letter in which the contents agree with the deliberation and appoint ministers, but with attached notes. If the President agrees, everything will still be done in the remaining time of this period," said a member of the DPR’s Legislation Body from the United Development Party faction, Arsul Sani.

According to him, it is possible that the President will approve the revision of the law, but request that there be a change in substance. For example, removing a number of revision points or refining the editorial formulation of several articles. This will usually be formulated through an inventory of problems from the government regarding the initiative of the proposed bill of the DPR.

"We are confident the President will also see the political constellation in the DPR. Because it rarely happens that a decision in the DPR attracts much attention from the public and is controversial, but the factions have the same stance in responding to it," Arsul said.

Responding to the widespread rejection of the bill, Arsul said, "in a democratic country, it is natural that there are those who accept and reject. However, the constitutional authority to form laws rests with the DPR and the government."

People’s hopes

Protests have been held In various cities such as in Surabaya and Semarang, asking that the KPK not be weakened by the hasty revision of the KPK Law.

A total of 1,426 academics from 28 public and private universities from a number of regions in Indonesia stated that they rejected the revision of the KPK Law. On the Change.org online petition page, the petition titled "Clean Indonesia, President Reject the Revision of the KPK Law!" has been signed by around 33,000 people. Meanwhile, in the courtyard of the KPK Building, Jakarta, flowers and flower bouquets were placed by the public and anti-corruption activists as a form of concern.

KOMPAS/HERU SRI KUMORO

A black fabric covers the Corruption Eradication Commission (KPK) logo as a funereal symbol during the #SaveKPK demonstration on Sunday (8/9/2019) at the KPK’s “red-and-white” headquarters in Jakarta. Activists and KPK staff covered up the KPK logo and other insignia to symbolize what they claim is a deliberate effort to “kill” the country’s anticorruption body through the plan to revise the KPK Law and problematic candidates who have been shortlisted in the 2019-2023 KPK leadership selection process.

A senior researcher from the Indonesian Survey Institute, Burhanuddin Muhtadi, said that the KPK is not only an institution but a symbol of the hopes of the Indonesian people in eradicating corruption.

The President\'s stance is believed to provide protection for anti-corruption institutions and actors, both in the context of safety, smooth investigation, effectiveness of prevention and funding for anti-corruption institutions.

(IAN/SHR/DIT/SYA/INA/AGE)