Revision Can Develop Uncontrollably
Vice President Jusuf Kalla emphasized the government had approved a limited revision of the Corruption Eradication Commission (KPK) Law to strengthen the anticorruption institution. However, this revision is feared to have expanded to other articles.
JAKARTA, KOMPAS — Vice President Jusuf Kalla said the government had in principle approved a limited revision of Law No. 30/2002 on the KPK.
However, a number of civil society movement activists expressed worry that the limited revision could become a wild ball. This is because there is not enough guarantee that the discussion will not expand to other articles when the KPK bill is discussed by the government together with the House. Therefore, President Joko “Jokowi” Widodo is expected not to rush to decide on a limited revision. The President has 60 days to issue a presidential letter on the approval of the KPK bill discussion, starting when a letter from the House leadership regarding the bill is received by the President.
Strenghtening
Vice President Jusuf Kalla emphasized that the government had approved the limited revision of the KPK Law because it wanted to strengthen the KPK. "In principle, improvements need to be made," Kalla said at the Vice President\'s Office, Jakarta, Tuesday (10/9/2019).
In this limited revision, Kalla added, the government had approved the formation of the Supervisory Board and had given the KPK the authority to stop investigation and prosecution. The government also approved the wiretapping arrangement and included the status of KPK employees as state civil servants.
The formation of the Supervisory Board, according to Kalla, will strengthen the KPK. Because the council will monitor and ensure all procedures in the KPK are carried out properly. The KPK\'s obligation to obtain the Supervisory Board\'s permission before conducting a search, confiscation and wiretapping also aims to improve the structure of the KPK.
The Vice President said the president\'s letter to start discussing the revision of the KPK Law would likely be sent immediately. "Once again, we want the KPK to function and be maintained, but there must be limits," he said.
The KPK, said Kalla, needs to be strengthened and its performance appreciated. However, don’t ever let the presence of the KPK frighten state officials and state-owned enterprises (SOEs).
Leadership dualism
Separately, a criminal law lecturer at Parahyangan University, Agustinus Pohan, hoped that the revision the KPK Law did not need to be fully opened. This is because there is no guarantee the discussion will not expand to other articles.
Although the revision is limited, according to Agustinus, basically the substance of the KPK Law revision is already problematic. He highlighted a number of articles, one of which is related to the supervisory board ,which has the potential to lead to dualism of leadership in the KPK. This condition can disrupt the KPK\'s performance because it is suspected that there will be more interests involved when handling the cases.
Meanwhile, a member of the House’s legislative body from the United Development Party faction, Arsul Sani, said it would not matter if the revision of the KPK Law was limited. However, there will be debate in the discussion because the factions in the DPR have different desires related to the substance of the revision.
"However, we believe, even if there is debate, a meeting point can be reached. At least the government supporting factions will definitely support (the government\'s desire)," he said.
If the revised articles are broader than the limitation desired by the government, Arsul added, the discussion will only include points that had been agreed in advance in the draft revision of the KPK Law. The substance of the draft covers six main points of change. First, the position of the KPK as an executive or government branch, the status of KPK employees as the state civil servants, wiretapping permission by the Supervisory Board, improvement of the KPK\'s prevention function, the formation of the KPK Supervisory Board, and the KPK\'s authority to stop the investigation and prosecution of corruption cases.
A member of the Legislation Body from the PDI-P faction, Masinton Pasaribu, said that the government\'s desire to revise it in a limited manner would be part of the deliberation of the KPK Bill.
Not in a hurry
Civil society movement activists hoped President Jokowi does not decide on a limited revision of the KPK Law. "The president has 60 days to think and discuss internally in the government about the substance of the DPR\'s proposal of the bill," said lecturer at the Faculty of Law at Gadjah Mada University, Zainal Arifin Mochtar.
In a number of regions, rejection of the revision of the KPK Law is still ongoing. A total of 146 researchers at the Indonesian Institute of Sciences also signed a rejection of the revision of the KPK Law. Several research professors participated in, such as Syamsuddin Haris, Siti Zuhro, Asvi Warman Adam, and Dewi Fortuna Anwar.
According to Siti Zuhro, submitting as an abrupt revision will result in a defective and irresponsible product. KPK Deputy Chairman Laode M Syarif reiterated, the KPK had rejected the revision of the KPK Law. The current KPK Law is still relevant and supports the performance of the KPK in combating corruption. (INA/CAS/DIA/SYA/AGE/IAN/MTK)