Weekly Analysis: The Fragility of the Corruption Eradication Commitments

There are two (2) crucial issues into the public spotlight in the anti-corruption agenda this week. First, the pros and cons associated with the appointment of an independent investigator by the KPK. And secondly, issue in relation to the obligation of state officials to submit LHKPN.

On the first issue, Vice President Jusuf Kalla reiterated his comment that the recruitment of independent investigator of KPK is illegal. Commission must comply with the Criminal Procedure Code (KUHAP) which confirms the KPK investigators should be taken off from the police and attorney. He also added that if the KPK experiences shortcomings of investigator, the Commission can ask the personnel as many as possible to the Police.

Jusuf Kalla's statement is the implication of pretrial of former Director General of Taxation, Hadi Purnomo (26/6) which was granted by the judge, Haswandi. He argued that the inquiry and investigation upon Hadi Purnomo was invalid because KPK investigators did not originate from the police or the attorney.
http://www.tribunnews.com/nasional/2015/06/02/soal-penyidik-kpk-wapres-jk-ikut-uu

This debate is not really a new thing; however, it has become an issue since the police did manoeuvre by withdrawing 20 investigators who were working for the Commission. In fact, the investigators were handling the number of priority corruption cases at the KPK. The anti-corruption activists proposed and asked the Commission to recruit its own investigators so that in the future the Commission can escape from dependence to the Police and the Prosecutor. In addition, the Commission cannot be interference by any party, including by the police or the prosecutor.
http://news.detik.com/read/2012/09/18/084821/2023377/10/rekrutmen-penyidik-independen-kpk-tak-boleh-ditunda?nd771104bcj

Actually the term independent investigator is interpreted as the human resources that are not from the police or the prosecutor who appointed to be the investigator of KPK. Anti-corruption activists believe that the independent investigator of KPK is the most sensible option for the sake of combating corruption more effective.

There are some underlying bases of the Commission to appoint its own investigator. Both the law of KPK, the law of Code of Criminal Procedure and the law of National Police never stipulated that the police are the only investigator. Even in some government agencies, such as Taxation, Forestry, Customs, Mining, Financial Services Authority (FSA) and the Environment recognize the concept of civil servant investigators which is not from the police.

Another reason is that the law of KPK is Lex Specialist (special law waives the more lex generalist law). This means that the Commission can ignore the Criminal Procedure Act. The law of KPK in some articles mentions that KPK can recruit its own investigator and are not under the coordination of the police.

On the second issue, Jusuf Kalla received a negative reaction from the public because of his defense of the steps of the Criminal Police Headquarters, Budi Waseso for not reporting LHKPN. Kalla argues that Budi’s wealth is not many. Further, Kalla argued, Budi had reported his property when he was Head of the Regional Police of Gorontalo in 2012. Actually, the position taken by Jusuf Kalla has damaged its image as a Vice President. In a more extreme view, people judge that Jusuf Kalla does not in favor to eradication corruption agenda.
http://nasional.tempo.co/read/news/2015/06/03/063671652/Inilah-Penyebab-Jusuf-Kalla-Dianggap-Anti-KPK

The same attitude also came from the National Police Chief, General (Pol), Badrodin Haiti. He said that it is not easy to compile LHKPN. Therefore, he understands if the Head of the Criminal Investigation of National Police, Commissioner General Budi Waseso, has not yet submitted his LHKPN to the KPK. However, he also said, handing LHKPN is a matter of urgency. He promises to call Budi Waseso to obtain information regarding the progress of LHKPN report.
http://nasional.kompas.com/read/2015/06/03/22072441/Apa.Tanggapan.Kapolri.soal.Pernyataan.Budi.Waseso.Terkait.LHKPN.

The obligation to report LHKPN been regulated in detail in three provisions. The first is the Law on the State Apparatuses Clean and Free from Corruption, Collusion and Nepotism. Secondly, Act number 30 of 2002 on Corruption Eradication Commission and third, the Corruption Eradication Commission Decision No. 07 / KPK / 02/2005 about registration, inspection and announcement of State Officials Wealth Report.

In essence, the provisions require proficiency level State administrators to do some things. First that the wealth report of state apparatus must be examined before, during and after the official tenure. Secondly, reported their wealth when first served, transfer, promotion and retirement. And third, announcing wealth.

What are legal consequences if they do not report LHKPN? State officials that do not fulfill the obligation to report LHKPN as stipulated in Law No. 28 of 1999, based on article 20 of the same law, will be subject to administrative sanctions in accordance with the applicable legislation.
http://www.kpk.go.id/id/layanan-publik/lhkpn/mengenai-lhkpn

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