Corruption Eradication Commission (KPK) chairman Agus Raharjo (left) submits the list of confiscated material goods at a hearing with the House of Representatives Commission III at the Senayan legislative complex in Jakarta, Tuesday (26/9). The hearing was the last of the series discussing the KPK’s authority in carrying out its duties and functions.
JAKARTA, KOMPAS – A decision made by the House of Representatives (DPR) to indefinitely extend the working period of its Special Inquiry Committee can be seen as an effort to take the Corruption Eradication Commission (KPK) hostage. However, the DPR will it difficult to succeed in such an effort and it could even boomerang on the DPR.
This is because instead of being affected by the measures taken by the inquiry committee, Indonesian Science Institute researcher Syamsuddin Haris sees that the KPK has been more productive in making red-handed arrests and developing other corruption cases.
The decision to extend the committee’s working period might eventually have the potential to take the DPR itself hostage. The DPR is facing public criticism that it is unproductive and unable to achieve its performance target. "The DPR also has to realize that what it is trying to take hostage is not only the KPK, but also public interests," Haris said on being contacted from Jakarta, Tuesday (26/9).
The decision on the working period extension was taken at a plenary session of at the legislative complex in Senayan, Jakarta, on Tuesday. At the session chaired by House Deputy Speaker Fahri Hamzah, who is oneof the initiators of the inquiry committee on the KPK, four of the 10 House factions said there was no need to extend the committee’s working period. The four factions represent the Gerindra Party, the National Mandate Party, the Prosperous Justice Party and the Democratic Party.
Inquiry Committee chairman Agun Gunandjar of the Golkar faction said the committee needed the extension because it had not been able to conclude on its recommendations. This was mainly because the KPK had not met the committee’s summonses to clarify its findings.
KPK deputy chairman Laode M Syarif said that the anti-graft body would wait for a verdict from the Constitutional Court (MK) related to the material test of Law No. 17/2014 on the People\'s Consultative Assembly, the DPR, the Regional Representatives Council, and Provincial/City Legislative Council, known as the MD3 Law. The material test is related to the House’s authority to conduct an inquiry into the KPK.
"Even though the working period of the inquiry committee is extended, we apologize for not being able to be present [at the verdict]. However, if the MK verdict states that we could become the object and subject of the inquiry committee, we will abide by it”, said Laode in a hearing with House Commission III on Tuesday.
No time limit
The MD3 Law does not regulate in detail the working period of the inquiry committee or a limit to its extension. Article 206 of the law only mentions that the inquiry committee must report the implementation of its duties at a House plenary session at least 60 days after its establishment. After this, the plenary session can take a decision on the committee’s reports.
In connection with the provision, House Deputy Speaker Fadli Zon said the inquiry committee on the KPK could work beyond the initial 60 days, which ends on Sept. 28. "The law does not regulate in detail the number of days and other matters," he said.
Inquiry Committee deputy chairman Eddy Kusuma Wijaya of the Indonesian Democratic Party of Struggle (PDI-P) said that the committee will work until it deemed the investigation was complete. "If it is not done, we can continue until we consider it is finished," he said.
At Tuesday’s plenary session, the committee only disclosed reports of its findings and did not make any official recommendations. However, its recommendations had only been provided as a conceptual proposal as attached to the Sept. 15, 2017 draft recommendation.
In the conceptual proposal, the inquiry committee suggested that the KPK be stripped of its authority to investigate, question, and prosecute corruption cases. The authority would instead become the domain of the police and the Supreme Court. In order to ensure the government’s response to the recommendation, the inquiry committee also proposed using its right of opinion to urge the President to revise Law No. 30/2002 on the KPK within a month.
Minimal support
Of the four factions that opposed the working period extension, three are neither members of the inquiry committee nor members of the government coalition. These are the House factions of the Gerindra Party, the Prosperous Justice Party (PKS) and the Democratic Party.The fourth faction, the National Mandate Party (PAN), is a member of the inquiry committee.
The Gerindra faction believes the committee’s performance reports of its first 60 days shows a strong intention to weaken the KPK. Gerindra says it will oppose any conclusion and final recommendation from the inquiry committee.
"From the report’s content, it is clear that the inquiry committee want to weaken, freeze, even dissolve the KPK. We strongly oppose it. Therefore, for what is its extension?" said faction member Nizar Zahro.
Meanwhile, the PAN faction is considering the possibility of withdrawing its membership from the inquiry committee. PAN faction secretary Yandri Susanto said that the faction would hold a meeting to decide on its final stance. "For the reason that we do not support the extension of the inquiry committee’s working period, I privately propose that PAN members be withdrawn from the inquiry committee," he said.
Even though the inquiry committee will extend its working period, there is no guarantee that the KPK will observe its summons. The findings of the inquiry committee are also clear and detailed so they can be used to make its final recommendations.
PKS faction chairman Jazuli Juwaini stressed that since the beginning, his faction did not agree with using the House’s right of inquiry against the KPK.The PKS claimed no responsibility for the committee and at the same time, opposed the extension of its working period. He added that Fahri Hamzah did not have the capacity to decide on the working period of the inquiry committee, because a number of factions were opposed to it. The situation had forced members of the PKS faction to leave the plenary session.
