Lack of Political Will

KOMPAS/TOTOK WIJAYANTO

Corruption Eradication Commission (KPK) investigators hold up rupiah banknotes that were confiscated in 84 cartons containing Rp 8 billion as KPK deputy chair Basariah Panjaitan (seated) provides a chronology of the investigation on Thursday (3/28/2019) at the KPK’s Jakarta headquarters. House of Representatives member Bowo Sidik Pangarso of the Golkar faction was arrested on suspicion of accepting bribes from Humpuss Transportasi Kimia in connection with a fertilizer distribution project.

A plan to finish the asset recovery bill has reemerged. The only problem is whether the government and the House of Representatives have the political will to get it done.

The academic draft of the asset recovery bill was prepared in 2012 by a team headed by professor Ramelan. The team hoped that the government and the House would include the asset recovery bill in the 2012 National Legislation Program (Prolegnas). Unfortunately, their hope remains unrealized to date.

The objective of the asset recovery bill is to deter public officials, politicians, and private citizens from engaging in corrupt practices to enrich themselves. The fight against corruption must be bol-stered with a draconian law.

Now, the plan to finish the asset recovery bill has reemerged. The KPK has pushed the Financial Transaction Reports and Analysis Centre (PPATK).

Fiinishing the asset recovery bill was part of President Joko “Jokowi” Widodo’s so-called nine-point Nawacita program. Nevertheless, the campaign promise has not been met. Instead, what President Jokowi has achieved was to weaken the Corruption Eradication Commission (KPK) by through the KPK Law revision in 2019. Now, the plan to finish the asset recovery bill has reemerged. The KPK has pushed the Financial Transaction Reports and Analysis Centre (PPATK).

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The KPK hopes that the government and the House will prioritize the bill. However, the House has yet to include the bill into the 2021 Prolegnas.

It is believed that passing the asset recovery bill into law will strengthen the country’s anticorruption effort. The political measure will improve Indonesia’s ranking in the Corruption Perceptions Index of Transparency International.

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Finishing the asset recovery bill requires the government’s political will. For President Jokowi, finish-ing the bill means fulfilling the promise he made in his Nawacita program.

ANTARA FOTO/INDRIANTO EKO SUWARSO

A woman with the initials MHN (center) arrives at the Corruption Eradication Commission (KPK) building in Jakarta to undergo an inspection, Friday (3/7/2020). MHN was suspected of being a bribe provider for East Kutai Regent Ismunandar, who was nabbed in a sting operation in a case of alleged corruption in the procurement of goods and services in the East Kutai regency government, East Kalimantan.

People’s Consultative Assembly Decree (TAP MPR) No. XI/MPR/1998 on government free of corrup-tion, collusion and nepotism (KKN), which was enacted during the transition from the New Order to the Reformasi era, could provide moral guidance in our fight against corruption. The TAP MPR stipu-lates that the eradication of KKN should be enforced on all citizens without exception, including cur-rent and former public officials, family members and cronies of power holders, the private sector, and former presidents. KKN is the enemy of the nation. KKN should never reoccur.

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The completion of the asset recovery bill should be regarded as an effort to recover assets. In prac-tice, however, the effort to recover assets stops when corruption convicts pass away, go on the run or escape law enforcement. The asset recovery bill is needed to separate asset recovery efforts from punishing corruption convicts.

KOMPAS/PRAYOGI DWI SULISTYO

The Corruption Eradication Commission led by KPK Deputy Chairman Nawawi Pomolango (center) held a press conference on the activities of the arrest of the East Kutai Regent, East Kalimantan, Ismunandar at the KPK Building, Jakarta, Friday (3/7/2020).

Asset recovery can be done through civil law (in rem forfeiture), as is practiced in many countries. Implementing this legal system could deter corruption in big-budget government projects. Corrup-tion still exists. The question is how we deal with it. Completing the asset recovery bill is one way.

(This article was translated by Lionel Priyadi)