The social aid scandal

The social aid program (bansos) recently returned to the limelight. As Indonesia approached the first simultaneous regional elections, a number of provinces as well as regents and municipalities merrily increased their bansos budgets, in droves. Indeed, the regent of Konawe Utara in Sulawesi Tenggara upped their bansos as high as 1,884 percent.

According to the Interior Affairs Ministerial Decree No. 23/2011, the social aid is a selective and uncontinuous support program in the form of money or goods provided by regional governments for individuals, families, communities or the public designed to prevent social hazards. It is not a mandatory program and it should be allocated only after essential regional programs like education and health are all fulfilled.

However, leading up the upcoming elections, a large number of regions are actually increasing their bansos allocations multiple times over. In fact, some region already upped their bansos allocations two years before the elections. These increases are believed to be part of the incumbents’ schemes to win the elections.

Bansos are usually allocated for either of two purposes. First, to boost popularity by providing as much bansos allocations as possible and distribute them to various social communities and institutions like communions, mosques or temples, or public facilities. Incumbents or their campaign teams would claim that they provide these benefits. The second purpose is to accumulate political capital, usually by setting up fictitious institutions, mangling budget, or distributing aid funds to institutions run or owned by the incumbent’s relatives or their campaign team members.

There are three approaches to effectively prevent misuse of bansos for an incumbent’s campaign interests. First is to compel regional governments to publish names of institutions and individuals that receive bansos funds, complete with their full address and amount received. This information would facilitate citizens to monitor, track and ensure rightful recipients conforming to regulations.

Second, to report to the electoral committee whenever a bansos allocation is misused for campaign interests, because candidates for regional leaders are prohibited from using state resources for their election campaigns. Whenever citizens noticed bansos funds being corrupted, for example by channeling them to fictitious institution or by mangling the budget, they can report their suspicion.

And third, to call on the Interior Ministry to regulate moratorium of bansos for at least a year prior to a corresponding regional election. The sealing of all loopholes for regional leader candidates, particularly incumbents, to misuse state resources for their electoral campaign interests, will lead to elections with better virtue, fairness and integrity.***

Again, a menace behind KPK Law revision

The future of the Corruption Eradication Commission (KPK) is at stake, again. The Legislative Board (Baleg) at the House of Representatives (DPR) have agreed with the government to hasten their agenda to revise the Law No. 30/2002 about KPK by pushing the agenda as a DPR initiative. This time, the government released an official statement about their intention to revise KPK Law, as declared by Vice President Jusuf Kalla. It is crucial to question whether this revision will strengthen or will it only weaken KPK's position.

According to Deputy Chairman of KPK Indiarto Seno Adji, the governent and the parliament gave an impression that they would force the sessions for KPK Law revision to take place before the year's end. Whereas the government had already made a committment with KPK to hold the sessions next year, in addition to the government's committment that any revision to the articles will still refer to KPK's draft. In essence, the President assured that the anti-graft body's existence and authority from the current KPK Law will be persevered and revisions are only to empower their mandate.

According to records from the Indonesia Corruption Watch (ICW), this is not the first attempt to revise KPK Law. This year only, two similar attempts were orchestrated in June and October. Coordinating Minister on Politics, Law and Security (Menkopolhukam) Luhut Panjaitan openly endorse the Revision of KPK Law. This revision will focus on four critical issues: the supervisory board, appointment of internal investigators, cessation of investigation, and wiretapping arrangement. If these four issues would indeed be the epicentrum of the sessions, the potential ruin of KPK will slide closer to reality.

Seeing the current political climate, where plenty of parliamentarians have been charged by KPK, it's hard to picture DPR having any interest to strengthen KPK. ICW's data revealed that at least 82 politicians from various political parties have been or is being charged by KPK. Naturally, to repel any attempt to revise KPK Law is the best option in the current atmosphere. There are a number of compelling reasons to dismiss any plan to revise KPK Law.

First, the essence of DPR's draft revision basically weakens the position of KPK. This is reflected in its proposals, among others, to strip KPK of its prosecution authority, to limit KPK's existence for only 12 years, to restrict its invetigations on corruption inflicting state loss of Rp 50 billion and above, and to require KPK to obtain state court warrant before wiretapping corruption suspects.

Second, the strikingly short period of time allowed to deliberate the revision. DPR targetted to wrap up sessions by the end of December 2015, effectively giving only a few days to enact a law. Inevitably, the sessions will be rushed, and for being under pressure of schedule, it is highly likely that DPR will deliberate indiscriminately.

And three, the KPK Law revision proposal does not have any academic paper. Article 43 paragraph (3) of Law No. 12/2011 about Enactment of Legislation, require an academic paper in the process of drafting legislation. Without an academic paper, then the legislation process of KPK Law revision would have a procedural flaw and would not be accountable.

Actually, parliament is not the only source of problems. The government's inconsistent and ambiguous posture makes KPK's legal footing stumble back and forth. In order to secure the grander agenda on corruption eradication, the government needs to take a firm stance against any attempt to dismantle the KPK Law. The impending catastrophe due to this revision can only be avoided if the government can stay true to its own words.***

WEEKLY DIGEST

• Politicization of teachers is rife every time a regional election looms. antikorupsi.org/ZqX

• Findings from public perception survey on KPK’s role in eradicating corruption. antikorupsi.org/Zq2

• Five reasons to snub KPK Law revision. antikorupsi.org/Zqu

STATUS UPDATES

November 30

• Deputy Governor of North Sumatera, Tengku Erry Nuradi, was questioned as witness on the social aid case in 2012-2013.

• Criminal Investigation Unit (Bareskrim) of the Police handed over evidence and suspect, Zaenal Soleman, in the alleged corruption of Uninterruptible Power Supply procurement that used Jakarta’s 2014 revised budget to the State Attorney General of Central Jakarta.

• Executive Director of PT Pelabuhan Indonesia (Pelindo) II, Richard Joost Lino, was questioned as witness in the alleged corruption in procurement of ten mobile cranes at the company.

December 1

• KPK named Edison Marudut Marsadauli Siahaan (EMMS), Director of PT Citra Hokai Triutama, as a new suspect in an alleged bribery for former Governor of Riau, Annas Maamun.

• The Supreme Court (MK) turned down a Judicial Review of the Criminal Code filed by Otto Cornelis Kaligis. Kaligis disputed articles that named him as suspect by KPK for bribing judges at Medan Administrative Court.

• Former Director of Cut Meutia General Hospital (RSUCM) in Lhokseumawe, drg. Anita Syafridah, was sentenced to four years in prison and fined Rp 200 million, or another six months incarceration, after found guilty in corruption of medical equipments procurement at the hospital which caused a state loss up to Rp 2.1 billion.

• Head of Division VII at PT Adhi Karya, Dono Purwoko, was questioned by KPK in an alleged corruption of Udayana Educational Hospital construction project.

• KPK apprehended two local councilmen from Banten province and a director at PT Banten Global Development in an ambush operation during an alleged bribery related to establishment of Banten Regional Development Bank (BPD Banten).

December 2

• Betawi artist, Mandra Naih, was charged with 18 month prison sentence and a fine of Rp 100 million for abusing his authority as the Executive Director of PT Viandra Production.

• I Ketut Kurniawan was sentenced to two years in prison after found guilty beyond reasonable doubts in corruption at LPD Kerta by abuse of power for self profit of up to Rp 104 million as well as other people.

December 3

• KPK named three suspects in the alleged bribery for establishment of Banten Regional Development Bank.

• Novel Baswedan of KPK was questioned by the Criminal Investigation Unit (Bareskrim) of the National Police in their investigation of a persecution of swallow birds nest thieves.

• Novel Baswedan had his second case handover in Bengkulu in the persecution case on swallow birds nest thieves.

December 4

• KPK prosecutors charged the Executive Director of PT Traya Tirta Makassar, Hengky Wijaya, for violation of the Corruption Eradication Law with self profit that caused a state loss of Rp 45 billion.

• Former clerk at Medan Administrative Court, Syamsi Yusfan, was sentenced to three years in prison without fines at Jakarta Corruption Court.

• The Provincial Police of Riau detained two members of local representative (DPRD) of Bengkalis and a former member (2009-2014) after they were allegedly involved in corruption of Rp 272 billion of social fund in Bengkalis’ 2012 budget.

• Bareskrim Polri handed over first stage dossiers on corruption suspects in Bandung’s Gedebage Stadium construction to the Attorney General’s Office.

• Edi Ardiansyah, a suspect of Rp 8.4 billion worth of corruption of Kutai Kertanegara Education Office’s treasury, was charged with 10 years and 6 months incarceration.