Whatever Happened to KPK Commissioners Selection?

The fate of the candidate commissioners for the Corruption Eradication Commission (KPK) is still left in uncertainty. Until now, the House of Representatives (DPR) has yet to choose a date to hold the fit and proper test for the candidates.

The recommended eight candidates were divided in four categories. First category was for prevention which listed Saut Situmorang and Surya Chandra, then there was the enforcement category with Alexander Marwata and Basaria Panjaitan vying for a position. The next category was management with Agus Rahardjo and Sujanarko as candidates. And lastly, the supervision and monitoring category, with Johan Budi Sapto Prabowo and Laode Muhamad Syarif in contention.

Aside from those eight names, there were two other candidates whose name was already submitted to DPR earlier, Busyro Muqoddas and Robby Aryabrata. Both were candidates to a commissioner position left vacant after Busyro Muqoddas previous term expired a year earlier than the other commissioners.

According to KPK Law, DPR have 90 days to hold a fit an proper test. On the other hand, KPK need to have its leaders as soon as possible, since the term in office for the other four commissioners, Abraham Samad, Bambang Widjojanto, Adnan Pandu Praja and Zulkarnain, will expire in the coming mid-December. It is even more urgent since two of them, Widjojanto and Samad were forced to be inactive sooner after they were named as suspects by the National Police's Criminal Investigation Unit (Bareskrim) with criminal charges.

Facts shown that KPK's performance are heavily unsettled whenever there's a void in leadership, particularly in the enforcement position. For instance, between July and October of 2009, when commissioners Chandra Hamzah and Bibit Samad became inactive after being charged with criminal cases, KPK could only process 4 (four) suspects of corruption to their phase of investigation. After 3 interim commissioners were assigned (Tumpak Hatorangan, Mas Achmad Santosa and Waluyo), things got better and KPK could process 8 suspects in the following month. A similar precedent happened in 2015. After Abraham Samad, Bambang Widjojanto and investigator Novel Baswedan were named as suspects, KPK enforcement performance immediately declined. They only recover after the interim commissioners were active on duty.

The habit of extending the office term of KPK commissioners with a Government Decree is not a good practice. The President can appoint interim commissioners with the pretext of filling the leadership void until the new commissioners are elected, which President Joko Widodo did when appointing former KPK leader Taufiequrachman Ruki, academician Indriyanto Seno Adji, and KPK Deputy of Prevention Johan Budi SP.

Nonetheless, if this practice continues, then all KPK's hard work to perform will lose their meanings. Despite the critics aimed towards the Selection Committee for KPK leadership, the public still believe that there are still candidate commissioners who can truly perform in the next five-year term.

With regards to the selection process in DPR, it is equally important, especially for Commission III of DPR, to prepare a clear method and indicator to select worthy KPK commissioners. In evaluation of the previous fit and proper test process in DPR, parliamentarians never had a clear indicator to justify their assessment. Thus, the commissioner were only selected based on interests of political parties. In the current process, parliamentarians are urged to prioritize on the candidates' integrity in order to avoid KPK from being held hostage by political parties.

Hopefully, DPR is true to its words to hold the fit and proper test immediately after their recess period. If the parliamentarians are serious and committed about strengthening KPK, they can begin by hastening the selection process. Because previous precedent show that a void in leadership can disrupt KPK's performance in eradicating corruption.***

Poor Standard of Ad-Hoc Judges for Corruption Court

The Supreme Court (MA) have selected 15 ad-hoc judges who will preside over Indonesia's Corruption Courts. Eleven judges will be posted in state courts, while the other four will be posted in appeal courts. Although claimed to have involved the Judicial Commission (KY) and the public in their selection process, regrettably MA did not involve the Corruption Eradication Commission (KPK) and the Financial Transaction Reports and Analysis Center (PPATK).

The selection process to find worthy ad-hoc judges attracted special interest from the civil society. The Coalition for Court Monitoring (KKP) previously released track record findings on 58 candidates that participated in the selection. Based on KKP's indicators, they found first and foremost that candidates have untested integrity. Some candidates have public records of ethical conduct violation while others even have criminal violation. In addition, 18 candidates are indicated as mere jobseekers as they were also registered as candidates in other public office position. In term of independence, at least seven candidates are known to have political party affiliations, a fact that will be a burden for the candidates should they be elected as Corruption Court judges.

In term of competence, most candidates clearly lack understanding about the issue of corruption, either in theoretical framework or about the legal practices, including lack of perspectives and capacity of legal analysis. They are incompetent even down to the basics, the core duties and functions or mandates of a Corruption Court Ad-Hoc Judge, the very position they are in contention for.

Based on this findings, MA should not have selected these candidates. Integrity alone is not enough to perform as a judge in the Corruption Court – they must also have excellent competence and profound insight about the legal aspects related to corruption eradication. To insist on selecting ad-hoc judges from this batch of candidates will only spell disaster for the future of the Corruption Court.

In order to save the Corruption Court from disaster, MA should take several notes into consideration. First, MA need to involve other institution, such as PPATK and KPK to scrutinize candidates' track records. Then, MA also need to prioritize on the competence or quality of candidates and avoid selecting unqualified judges for the sake of urgency. Lastly, MA need to overhaul their selection system in order to find better quality judges.***

WEEKLY SUMMARY

• Tri Rismaharini and Yoyok Riyo Sudibyo received the 2015 Bung Hatta Anti-Corruption Award (BHACA). antikorupsi.org/ZTf

• Government Regulation No. 60/2012 is a cause of higher deforestation in Central Kalimantan. antikorupsi.org/ZTY

• Anti-Corruption Madrasah creates a stronger culture of anti-corruption. antikorupsi.org/ZTg

• Selection Committee must be firm and careful in selecting candidates for the Corruption Court Ad-Hoc Judges. antikorupsi.org/ZT7

• The public have an important role in criticizing and observing the administration of Jokowi-JK. antikorupsi.org/ZT8

• Regional Elections are getting closer. Public are expected to vote for the best candidates for their regions. antikorupsi.org/ZTX

• Anti-Corruption Camp in East Java provides a way to spread the corruption eradication spirit among the younger generation. antikorupsi.org/ZTB

• ICW reported an alleged ethical conduct violation and abuse of power by BPK official in Jakarta to the Ethical Board of BPK. antikorupsi.org/ZT2

• ICW have documents proofing strong indications of ethical conduct violation by BPK official. antikorupsi.org/ZT6

• 11 policies related to Law on Civil Organizations limit the activities of civil society organizations. antikorupsi.org/ZTb

• Monitoring results by the Coalition of Court Monitoring during the selection process for Corruption Court Ad-Hoc Judges in 2015 found no worthy candidate. antikorupsi.org/ZTR

STATUS UPDATES

November 9

• First hearing held for Rio Capella.

November 10

• RJ Lino questioned as witness in an alleged corruption of 10 mobile crane procurement at PT Pelindo II.

November 11

• KPK detained four suspects of alleged bribery for the Provincial Representative Council of North Sumatera.

November 12

• KPK questioned Director of PT Putra Makmur Sejahtera, Johanes Sondakh, in construction of Educational Hospital at Universitas Udayana for the fiscal year 2009-2011.

November 13

• Bandung Corruption Court released Vice Regent of Cirebon, Tasiya Soemadi, from corruption charges of social aid funds in the fiscal year 2009-2012.

• Timika Police named four suspect in an alleged corruption in construction of the Fishery Landing Port (PPI) Paumako in the fiscal year 2012.

• Minister of Energy and Mineral Resources (ESDM) Sudirman Said was questioned as witness in an alleged gratification on budget proposal for the New and Renewable Energy Infrastructure Development Projects for the fiscal year 2016 in Deiyai Regent, Papua.