TEMPO.CO, Jakarta - The punishment handed down to Novel Baswedan is proof that the Corruption Eradication Commission (KPK) has a serious internal problem. Novel, a KPK investigator, was given a second written warning a week ago for allegedly failing in his duties as chairman of the KPK Employees Union.
It all began when KPK investigation director Aris Budiman sought approval to recruit midlevel Indonesian National Police detectives below the rank of chief commissioner. Since the start of last year, however, the KPK has asked the police to provide only senior investigators, from adjutant commissioners or above with at least two years of service in those positions.
The Employees Union, with Novel at the forefront, felt the change of requirement was not transparent and did not follow established procedures. Furthermore, in carrying out its responsibilities, he argued that the commission must be guided by five principles of lega certainty, transparency, accountability, the public interest, and proportionality. If those principles were ignored, the Employees Union had at least the right to demand answers.
The controversy surfaced when the KPK's warning letter stated that Novel was sanctioned in his capacity as chairman of the Employees Union, despite the fact that the union's functions are authorized under Government Regulation No. 63/2005, as revised in Government Regulation No. 103/2012 on the management of the commission's human resources.
The punishment handed down to Novel was only the tip of the iceberg. Although they remain unpublicized, there have been a number of changes in the structure and organization of the enforcement and investigation divisions within the KPK. This has been taking place since the time of the previous commission led by Police General (ret.) Taufiequrachman Ruki.
During this transition period, the KPK ceased recruiting independent investigators from outside the police or from the Attorney General's Office (AGO). Of the current 90 KPK investigators, half are internally sourced and the other half come from the police.
The rise in police recruits raises questions. When the KPK was established under Law No. 30/2002, it was on the understanding that the police and prosecutors had failed in their duties and could not be relied on to fight corruption. Now, with the 'infiltration' of an increasing number of employees from these socalled 'failed' institutions into the KPK, a question comes to mind: is there a hidden agenda in this campaign of subterfuge?
Novel Baswedan comes from the police. But throughout his career at the KPK, he has demonstrated independence and integrity. He has taken many risks, including his pursuit of the driver's license simulator case, which gave rise to the famous gecko vs crocodile dispute between the KPK and the police . Above his colleagues, Novel has shown tenacity in the face of all these challenges.
Changing the requirements for assistant investigators from the police seems to have opened the door to make it easier for outside influences to intervene in the workings of the KPK. After all, it is a bitter truth that more than a few corruption cases involve members of the police force. Friction between the two institutions often impedes graft investigations. For example, the KPK failed to question four police adjutants of former Supreme Court secretary Nurhadi, a witness in a graft case, because they had all been transferred to faraway Poso in Central Sulawesi.
The KPK's police staff bear a heavy burden. After several years assigned to the KPK, they return to their institutions. Imagine what would happen to them after their return if, while working at the KPK, they were compelled to take action against their former colleagues without fear or favor.
Interestingly, controversy within the KPK always arises when there is a major case. That is what is happening now when the KPK is in the midst of investigating the massive electronic ID card scandal, which involves a number of important 'crocodiles'. It just so happens that Novel Baswedan, now the recipient of a second warning letter from his institution, heads the KPK unit investigating the electronic ID case.
Given all these 'coincidences', the KPK leadership should rescind his punishment. There should be no concern about losing face. Also, the recruitment of assistant investigators from the police should be reconsidered. In testimony before the House of Representatives, KPK commissioners have repeatedly promised to recruit independent investigators. Keep this promise, otherwise, the KPK will become nothing more than a police force under a different brand name. (*)
Read the full story in this week's edition of Tempo English Magazine
