Leading Law Enforcement
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Numerous successes and failures can always be presented when we are evaluating the work of a government. The government of President Joko "Jokowi" Widodo is no exception.
Like a student who has to take economics, politics and law as three compulsory subjects, President Jokowi has shown great interest in the subject of the economy, especially in infrastructure development. Amidst the sluggish world economy, Jokowi has still managed to hit the nail on the head left and right in this subject.
Funds amounting to trillions of rupiah from the state budget or other sources (both foreign and domestic) have been channeled to accelerate the construction of various infrastructure projects.
Within a span of only three years, the island of Java will soon be connected by toll road from Jakarta to Surabaya, even Banyuwangi. Sumatera, whose roads are still quiet, is also being equipped with toll roads, especially in the northern and southern parts of the island of gold. National roads are being built n Papua and other border areas that have long been neglected by previous governments.
Jokowi\'s grade remains unchallenged against those of previous governments only in economics with a subunit on infrastructure.
Political consolidation
In the subject of politics, even though not as enthusiastically as in the economics field, Jokowi has been able to consolidate political strengthen behind him. Nearly all political parties now support Jokowi, leaving only Gerindra and the Prosperous Justice Party (PKS) as opposition parties, or at least the opposition in a presidential system. One party, the Democratic Party, is neither an opposition nor supporting party of the government.
Actually, when he ascended the seat of power on Oct. 20, 2014, Jokowi’s supporters in the House of Representatives (DPR), which were incorporated in the Great Indonesian Coalition (KIH), was the minority in a divided government. The House leadership was controlled by the Red-and-White Coalition (KMP), which then opposed President Jokowi. However, entering the second year of his presidency (2016), KMP vanished and one by one, its members approached the Palace steps. Only Gerindra and PKS stay away.
In the first two lessons, the economy (infrastructure development subunit) and politics (political consolidation subunit), Jokowi has achieved tremendous success. His grades, if we want to spell them out, are between 8 and 9. Jokowi\'s imagination in infrastructure development has grown substantially, while his patience and humble communication style has succeeded in terms of political consolidation.
Lack of imagination
In the subject of law, especially in the law enforcement subunit, his imagination and passion has been absent. Jokowi shows less intent and enthusiasm in law enforcement. Like a student, Jokowi simply makes the attendance list so as not to be penalized or otherwise earn a “fail” because he frequently skips the class.
Unlike infrastructure development, in which he is full of confidence and active innovation, Jokowi seems disinclined to intervene directly in fixing the problems of law enforcement. This is contrary to what he frequently does in managing infrastructure development projects. There is an impression that Jokowi is passive and formalistic in this field.
When a conflict arose between the Corruption Eradication Commission (KPK) and the National Police in early 2015, many hoped that Jokowi would descend to the arena to stop the weakening of the KPK. During the government of president Susilo Bambang Yudhoyono (SBY), when there was an effort to weaken the KPK in the Bibit-Chandra case, SBY intervened by forming Team 9 to ensure that the case management stayed on course.
In the Jokowi era, when the KPK leaders were persecuted one by one and had to be replaced, Jokowi kept silent. As a result, KPK chairman Abraham Samad and KPK member Bambang Widjojanto were dismissed amid questionable allegations and cases against them. This year, the KPK is again being targeted for weakening. A special inquiry committee against the KPK was established and encouraged, even by those parties supporting the government. Even the ruling party became a proponent of the special committee.
Jokowi’s formal stance can be glimpsed from his statements that the right of inquiry is the House’s constitutional right and that he did not want to intervene as President. We all know that if he actually controlled his supporting parties, especially the Indonesian Democratic Party of Struggle (PDI-P), Jokowi would be able to curb the reckless actions of House members from supporting parties that are all too eager to clobber the KPK.
Unwilling or unable?
There are two things that arise from this point: Is Jokowi unwilling or unable to control these reckless actions? Both could be right. Jokowi is neither willing nor able to stop the weakening of the KPK.
With his entrepreneurial background, Jokowi frequently complained about the steps law enforcement took to prosecute many officials, including regional heads. These have been perceived as disruptive of the development targets entrusted to them. This is why Jokowi once said that a policy could be criminalized. I agree with this point. Sometimes, law enforcers cannot (or do not want to) differentiate between a policy and intent to harm. Law No. 30/2014 on State Administration (UU AP) mandates taking the administrative approach first against policies considered to have deviated and caused losses to the state, as long as there was no intent to commit corruption. Unfortunately, this law is not popular among law enforcers. Law enforcers, especially the police and prosecutors, prefer to use a criminal approach to ensnare a policy considered harmful to state finances.
Even if this point is considered problematic, it is not the KPK that does this. The KPK’s actions are verified through the corruption court, that the officials being prosecuted had indeed committed corruption. Those who have been able to evade the KPK do so by using pretrial instruments, which essentially do not check out the material substance of the corruption cases, but simply look at procedural substance.
There is no real reason for Jokowi to not support and protect the KPK.
It could be that his apparent stance of not protecting it is because Jokowi really is not able to do so. It is widely known that, even though he emerged from the womb of the PDI-P, Jokowi is more like an independent president who cannot directly control any party.
Jokowi\'s true supporters are only volunteers who have thus far remained awake (or at least their organizations have been) rather than the political parties. In the PDI-P itself is a sun brighter than Jokowi. Everyone knows it. Unfortunately, PDI-P and its sun seem to be aggressively supporting the weakening of the KPK.
Integrity of law enforcers
Then, looking at the situation of law enforcement within the first three years of the Jokowi government, what is the most objective benchmark? As I see it, it is our trust in the law enforcement process itself. Not only Jokowi, but previous presidents also faced the same criticism on this point, that the law is not being upheld as it should be.
There is an expression that the law is sharp below, but dull above. Money and power can buy the law. All stages of law enforcement, starting from investigations to prosecution, and from convictions to the prisons, can be bought. Convicts do not suffer from the deterrent effect, as long as money and power remain.
Of course, these mistakes cannot be blamed on Jokowo himself. The law enforcement process must actually be free of interference by the executive power. Moreover, not all law enforcement processes can be controlled, because not all institutions come under the president.
The police, prosecutors and prisons fall under the president, but not the judges or the judiciary. The KPK does not come under the president either. Such formalism can be justified if law enforcement is on the right track. But when law enforcement is abnormal and still full of the judicial mafia, institutions can be bought and the court is full of transactions, a leader cannot keep silent. No leader, for example, can let the attacker who threw acid in Novel Baswedan’s face go without punishment (with impunity), wherever he may be, if investigative efforts are being obstructed by a power stronghold.
We long for Jokowi to evolve into a leader who is capable of realizing clean and fair law enforcement within the next two years, one who is capable and possesses the courage to face the mafia, even within his circle of power. That\'s why we chose Jokowi as a leader in 2014, not just to raise him to the presidency.
REFLY HARUN
Expert in State Administration Law; Chairman of the Center of State Administration Studies (Pusaran) at the University of Tarumanagara Law School
