Do Not Undermine the KPK

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 office in South Jakarta. The movement is protesting what they claim to be political machinations in a deliberate effort to weaken the KPK and the nation’s anticorruption drive.

In the end, President Joko “Jokowi” Widodo has “giving his blessing” to the House of Representatives on its plan to revise the Corruption Eradication Commission (KPK) Law. He has appointed two ministers to take part in the revision process on his behalf.

President Jokowi issued a letter to indicate his formal agreement for the legislative plan on Wednesday, 11 September 2019, just 19 days before the term of the 2014-2019 lawmakers comes to an end. By regulation, the President has 60 days to study draft bills proposed by the House before conveying his official opinion on the matter. However, just one day after Vice President Jusuf Kalla delivered the government’s agreement to a limited revision of the law, President Jokowi sent his letter to the House. The two ministers he has appointed are Law and Human Rights Minister Yasonna Laoly, a politician from the Indonesian Democratic Party of Struggle (PDIP), and Bureaucratic Reform Minister Syafruddin.

Anticorruption activists and extra-legislative academics that have been vocal in their opposition to the planned KPK Law revision expressed regret over Jokowi’s decision.

Kompas/Heru Sri Kumoro

An anticorruption activist holds up a poster reading “HELP” during the #SaveKPK demonstration on Sunday (8/9/2019) at the Corruption Eradication Commission (KPK) office in South Jakarta. Activists, along with staff, covered up the KPK logo and other insignia during the #SaveKPK demonstration to symbolize a deliberate effort to weaken the country’s anticorruption body through a plan to revise the KPK Law and problematic candidates who have been shortlisted as KPK commissioners.

The letter also contradicts Jokowi’s campaign promises. On 26 June 2014, Jokowi said, “In the future, the KPK must be strengthened and its budget increased, at least tenfold by my estimate.” In his 2019 reelection bid, Jokowi reiterated that corruption was an extraordinary crime that could ruin the economy and effect structural poverty; the KPK thus must be strengthened.

The intent to weaken the KPK is tangible upon reading the House’s proposed revisions to the KPK Law. The political elite may be affected by harsh memories of the KPK arresting political party chairs, regional lawmakers, judges, prosecutors, policemen and businesspeople. It is this collective memory that has manifested in opening the Pandora’s box of the planned KPK Law revision. The KPK’s independence is shackled. The House-appointed supervisory board is given extraordinary powers. Wiretapping, search and seizures require the board’s approval. The KPK must coordinate with the prosecutors’ office in criminal proceedings.

KOMPAS/HERU SRI KUMORO

A list of representatives of the 10 factions that submitted their written response to a proposal to revise two laws is displayed on a screen during the House of Representatives plenary meeting on Thursday (5/9/2019) at the Senayan legislative complex in Central Jakarta. The House announced that it had obtained unanimous approval from all factions and lawmakers for the proposal to revise two laws – Law No. 2/2018 on the People’s Consultative Assembly (MPR), House, Regional Representatives Council (DPD) and Regional Legislative Councils (DPRD), or the MD3 Law, and Law No. 30/2002 on the Corruption Eradication Commission (KPK).

With this legal substance, those who say that the planned KPK Law revision aims to strengthen the KPK are clearly insulting the public conscience. The Constitutional Court (MK) has reaffirmed that denying the KPK the power to drop investigations was constitutional. The court also said that if the KPK had not gathered enough evidence to prosecute suspects, it must still take the case to court to demand their release. It must be acknowledged that the power to terminate criminal investigations carry a high risk of illicit transactions.

We urge President Jokowi, who is surrounded by anticorruption activists, to take a look at the articles in the revised law in more detail to realize that the planned bill clearly aims to kill the KPK and make the decision to save the KPK. If it is the reverse, that the government and the House are indeed conspiring to disable the KPK under the anti-graft body’s new leadership, then let history record this: that the KPK is being disabled like many anticorruption institutions of the past, and that this has occurred in the era of President Jokowi, a figure who is known to be clean, but who has listened to inaccurate advice.

KOMPAS/HERU SRI KUMORO

A majority of seats stand empty during a House of Representatives plenary meeting on Thursday (5/9/2019) at the Senayan legislative complex in Central Jakarta, which convened to decide on the controversial proposal to revise two laws – Law No. 2/2018 on the People’s Consultative Assembly (MPR), the House, Regional Representatives Council (DPD) and Regional Legislative Councils (DPRD), or the MD3 Law, and Law No. 30/2002 on the Corruption Eradication Commission (KPK) – before the current legislature ends its term on Sept. 24. The House announced that all factions and legislators unanimously approved the proposal to revise the two laws.