TEMPO.CO, Jakarta - President Joko Widodo's rejection on revising the law on the Corruption Eradication Commission (KPK) last week, is no guarantee that this anti-graft organization is safe. There have been many instances when its power and authority have been undermined, from the criminalization of its leaders to the House of Representatives' (DPR) attempts to revise its legislation. So the statement by the president's communication staff, Teten Masduki, that the president rejected a revision to the KPK Law is no guarantee. The public is not convinced that he is serious about supporting the beleaguered KPK.
It is not the first time parliament has tried to change the articles in the KPK Law, which are seen to have given too much power to the organization which has successfully nabbed crooks in the DPR, in political parties and even a few cabinet ministers. In 2007, then later in 2012 and most recently at the start of the year, the DPR and the government seemed to have an unwritten agreement they would not touch the KPK Law. What Justice and Human Rights Minister Yasonna H. Laoly and the DPR Legislative Board discussed were issues on wiretapping, indictment process, the formation of an oversight council, the appointment of temporary executive officers if the leaders are unable to do their tasks and the strengthening of the collective collegial principle.
But it's difficult not to sense something behind the intent of Minister Yasonna and the DPR, other than to weaken, in fact to possibly eradicate, the authority of the KPK. First, the KPK's authority to carry out wiretapping will be sharply cut back. It can only be done after the investigation has begun or when the KPK indicts a person for corruption. Yet, wiretapping has been the KPK's key into opening cases that has led to prosecutions. It has clearly been proven that the wiretaps are very effective in nabbing the corruptors.
Another dangerous point is the curtailing of the KPK's authority in the indictment process. So far, the KPK has been able to indict suspects independently, while the revision will restore that authority to the Attorney General's Office (AGO). This is dangerous because by combining its investigation and its indictment, the KPK has been very strong and effective. Besides speeding up the legal process, the combination of the two processes reinforces evidence to be taken to court. The third point is a DPR-initiated oversight board over KPK proceedings.
But even this revision seems obvious. When Minister Yasonna submitted the revisions as a priority of the 2015 National Legislation Program, President Jokowi reportedly was unaware that this was about to happen. Yet, normally any law to be revised by the DPR and the government, would have to be mandated by the president. If Minister Yasonna has reached the phase of discussing it with the DPR to include it in the national legislation program, then there can only be two possibilities: the minister failed to consult with his president or President Jokowi has given his mandate.
Whatever the government's and the DPR's motive, President Jokowi must straighten his ministers out. Yasonna's moves along with the DPR, if they succeed, will make the KPK a toothless tiger. More importantly, it is President Jokowi's duty to fulfil his promise to run a clean government with zero tolerance for corruption. What the president should do therefore, is to prevent the KPK from being slowly stripped of its power and authority.
In fact, the president must reinforce the KPK, which since Jokowi took over the administration, has seen its leaders routinely criminalized. The president must reveal his commitment to back the KPK, which he made during his election campaign, and prove that his words are not just empty political promises. (*)
