On 28 February 2018, the Ministry of Home Affairs (MoHA), the Attorney General's Office (AGO), and the Indonesian National Police (Polri) signed a Cooperation Agreement to deal with public complaints related to corruption indications in the implementation of Regional Government. Many are questioning the relevance of this agreement, considering that there are similar rules in Presidential Instruction No. 1 of 2016 on Accelerating the Implementation of National Strategic Projects and Law No.30 of 2014 on Government Administration.

 

Presidential Instruction 1/2016 was signed by President Jokowi in order to accelerate and support the implementation of the National Strategic Projects. One of the main elements in the Instruction is to prioritize the Government Administration process in conducting investigation and completion of reports of abuse of authority. Thus this Instruction legalizes the discretion of ministers or regional heads to accelerate the implementation of national strategic projects without fear of criminalization of the issued policies.

 

In fact, the Presidential Instruction opens room for discretion to revoke or replace regulations as long as it is in the interest of the implementation of a national strategic project. In addition, this Instruction also mandates the Coordinating Minister for Political, Legal and Security Affairs (Menkopolhukam) to coordinate with the Attorney General, Chief of Police, and Minister of Administrative Reform and Bureaucracy Reform (MenpanRB) to formulate rules on the procedure of summoning and examining government officials, officials of State-Owned Enterprises (BUMN), or business entities, by the Attorney General's Office and the Police on reports of cases of irregularities in the acceleration of the implementation of national strategic projects.

 

Law No. 30 of 2014 was signed by President Susilo Bambang Yudhoyono with the intention of providing legal protection to citizens and government officials in terms of the use of discretion that could cause legal consequences and potentially burden state finances.

 

Reflecting on the Presidential Instruction and Law, the Cooperation Agreement becomes no longer relevant. Unfortunately the Agreement results in a polemic because the Head of Police Criminal Investigation, Komjen Ari Dono Sukmanto made a statement outside the Agreement’s context, insisting that he would stop corruption investigations if the money were returned to the state treasury.

 

Of course the Cooperation Agreement must be appreciated if it were a form of joint commitment to accelerate response to corruption and its prevention. However, if it is used to rescue suspects who are considered to have returned the money to the state, this means that the government is colluding with the corruptors. *** (Dewi/Agus)