Dissecting 6 Articles of KPK Law Revision

Translator

Ricky Mohammad Nugraha

Editor

Markus Wisnu Murti

Senin, 16 September 2019 14:50 WIB

A group of people dubbing themselves as "The People's Action against Corruption" stage a protest in front of the KPK's Merah Putih Building in South Jakarta on Saturday, September 14, 2019. TEMPO/Andita Rahma

TEMPO.CO, Jakarta - The government and the House of Representatives' (DPR) legislation board agreed on a number of revisions and changes to Law No.30/2002 on the Corruption Eradication Commission (KPK Law revision).

Here are the six clauses that were agreed upon by the two state entities and the arguments provided by experts in the field:

  1. Article 1 (7)

“Employees of the KPK will be considered as state apparatuses as overseen by the Law on civil servants (ASN).”.

Andalas University's anti-graft center of studies director, Feri Amsari, argues that making KPK employees civil servants will effectively eliminate the agency’s independence as investigators, as this will render KPK employees under the authority of the Administrative and Bureaucratic Reform Ministry.

  1. Article 3

“KPK is a cluster of the state institution’s executive that is independent and free from any influences in conducting its duties.”

Trisakti University legal expert Abdul Fickar Hadjar considers the changes of KPK’s status from a state agency to a government state agency will hamper its nonpartisan nature, unlike its status as a state agency that cannot be intervened by any external authority.

  1. Article 12B

- Wiretapping can only be conducted by obtaining a written permit from the Supervisory Board.

- The Supervisory Board must grant a permit for a wiretap from the KPK no more than 24 hours after the request was submitted.

- After obtaining the written permit for a wiretap, the KPK must conduct it within 6 months since the permit was given. This permit, if exceeding its expiration date, can be resubmitted for another six months.

The Indonesia Corruption Watch (ICW) considers the existence of the Supervisory Board as a form of intervention from the House of Representatives (DPR) and the government against the KPK. ICW researcher Kurnia Ramadhana deems the board will further hamper the bureaucracy of an investigation and might eliminate the momentum to nab a suspect of corruption.

  1. Article 12C

Wiretapping missions that are completed must be reported to KPK leaders and the Supervisory Board within 14 workdays since the mission was executed.

  1. Article 24

- KPK employees are members of the civil servants' professional corps as regulated under the Law (UU).

- Provisions on how to employ a KPK employee must adhere to the Law overseeing it.

  1. Article 69B

- Once the KPK Law is applicable, the agency's investigators that have yet to be promoted as civil servants after the implementation of the Law must be promoted within two years at the latest.

M ROSSENO AJI

Related News

Opposing the KPK Destroyer

23 Juni 2021

Opposing the KPK Destroyer

More than simply sidelining 51 mployees through a dubious test, Firli Bahuri also wrecked the working system of the Corruption Eradication (KPK).

Read More

Novel Baswedan and Over 70 KPK Employees Reportedly Threatened to Be Dismissed

4 Mei 2021

Novel Baswedan and Over 70 KPK Employees Reportedly Threatened to Be Dismissed

Anti-graft body (KPK) leaders reportedly planned to dismiss 75 employees as they did not pass the national test, including Novel Baswedan.

Read More

Legal Limbo for RJ Lino

18 Februari 2021

Legal Limbo for RJ Lino

The investigation into the alleged corruption over the supply of cranes to Pelindo II in 2020 has been in limbo for more than five years.

Read More

Toothless Supervisory Council

14 Mei 2020

Toothless Supervisory Council

Evaluation by the KPK Supervisory Council fell on deaf ears. Further evidence that the revised KPK law is hampering the corruption eradication program

Read More

Jokowi Preps 7 Derivative Rules of KPK Law

21 Januari 2020

Jokowi Preps 7 Derivative Rules of KPK Law

President Jokowi's spokesperson on legal affairs Dini Purwono said the government was drafting seven derivative regulations of newly-enacted KPK Law.

Read More

Ombudsman Suspects Maladministration on KPK Law Revision

1 Januari 2020

Ombudsman Suspects Maladministration on KPK Law Revision

Ombudsman suspected maladministration during the process of the discussion on the revision of KPK Law.

Read More

Keeping the Flame

31 Desember 2019

Keeping the Flame

In the midst of growing pessimism about democracy in Indonesia, the #reformasidikorupsi (reform corrupted) student movement was a small flame of hope.

Read More

Despite Strong Pessimism, ICW Hopes Jokowi Overturns KPK Law

30 Desember 2019

Despite Strong Pessimism, ICW Hopes Jokowi Overturns KPK Law

ICW announced it is still hoping for President Jokowi to issue a regulation in lieu of law (Perpu) to overturn the controversial KPK Law revision.

Read More

KPK: Supervisory Board Hindering Works will Be Reported to Media

18 Desember 2019

KPK: Supervisory Board Hindering Works will Be Reported to Media

Deputy chairman of Corruption Eradication Commission (KPK) Alexander Marwata asked the public to not worry about the supervisory board.

Read More

Jokowi Says Names for KPK Supervisory Body Still in Process

2 Desember 2019

Jokowi Says Names for KPK Supervisory Body Still in Process

President Jokowi said he was still mulling over candidates for the supervisory board of the Corruption Eradication Commission (KPK).

Read More