TEMPO.CO, Jakarta - We must marvel at the audacity of several members of the House of Representatives (DPR). At a time when people demand the toughest penalties for corruptors, these lawmakers promote an agenda entirely at odds with such aspirations. They clearly intend to subvert the law on the Corruption Eradication Commission (KPK) which has proven to be very effective as a legal basis to fight corruption.
The effort to weaken the KPK is an old song that has been passed from regime to regime since the reform process created it in 2003. But the proposal launched by 15 legislators from the Indonesian Democratic Party of Struggle (PDI-P), Golkar, the National Awakening Party (PAN), the United Development Party (PPP), National Democrats and Hanura Party at a meeting of the Legislation Committee last month pulled no punches. Not only do they want to ban the KPK from wiretapping unless it is authorized by a judge they also want to limit its 'lifespan' to 12 years from the time the bill is enacted.
Admittedly, as an ad hoc body, the KPK's existence must be limited, but the fact is that in the past 10 years it has been battling corruption, there has been no letup in the theft of public funds. Imposing a strict time limit without its full authorization is bound to turn the KPK into an impotent organization. This is especially the case, given that the KPK has been kept busy fighting ingenious attempts to undermine its effectiveness: from legal interventions to delays in fund disbursements and threats of its dissolution by politicians in the DPR.
Another proposed revision concerns the amount of losses incurred by the state. Article 13, Section b states that the KPK can only handle cases that incur losses of at least Rp50 billion to the state. The previous minimum was Rp1 billion. According to Article 13 Section c, if the losses to the state amount to less than Rp50 billion, the case must be handed over to the police or the Attorney General's Office (AGO). This will of course limit the number of cases handled by the KPK, despite the fact that so far, both the police and the AGO have not shown to be effective allies in the war against corruption.
Ironically, it is the KPK's successes that have made it a target of malcontents. Three years ago, it managed to put no fewer than 240 corruptors behind bars 64 of them legislators from Senayan. If the KPK loses the authority to wiretap and to prosecute as contained in this revision such achievements will become something of the past.
With these two powers, the KPK has been effective in carrying out its mandate to eradicate corruption. The same powers are given to many anti-corruption organizations, including those in Malaysia, India and Argentina. Anti-corruption organizations in at least 22 states are given the authority to simultaneously investigate and prosecute. One thing worth noting is that the disastrous revision of the KPK Law can be seen from the efforts of the DPR to lengthen the bureaucratic process of obtaining approval for wiretapping which requires court authorization.
This longer procedure increases the possibility of leaks. The public is well-aware that the courts in Indonesia are the weak links in law enforcement. The practices of the judicial mafia are still rife. Many judges have been caught red-handed taking bribes over cases they are hearing.
This clear attempt to weaken the KPK's authority must not go unopposed. Political parties should demonstrate their integrity by rejecting these duplicitous maneuvers. Undeniably, this revision is part of a political agenda that is clearly rife with vested interests. If it is allowed to go unopposed, this proposal will provide corruptors with the opportunity to triumph once more. They will applaud because they will have better chances of concealing their crimes. (*)
