Blocking KPK in DPR’s Final Days

ANTARA FOTO/HAFIDZ MUBARAK

Corruption Eradication Commission (KPK) chairman Agus Rahardjo (second left) gives the thumbs-up sign as Muhammadiyah Youth central board chairman Virgo Sulianto Gohardi (second right) hands him a petition on Tuesday (5/6/2019) at the KPK headquarters in Jakarta, witnessed by former KPK deputy chairman Mochammad Jasin (left) and several members of the Anti-Corruption Civil Coalition. The civil society group petitioned against the inclusion of an article on corruption in the draft Criminal Code Bill (RKUHP), which it said would weaken the KPK’s authority.

The Corruption Eradication Commission (KPK) and the House of Representatives (DPR) of 2014-2019 term share some similarities. Both are in the final weeks of their terms: The next DPR will start its session in October and the new KPK leadership will take up office in December 2019.

Both the KPK and the House are equally eager to fulfill their duties. The KPK continues to arrest a number of regional heads and officials, as well as private sector employees and businessmen, for their suspected involvement in ongoing corruption cases. Meanwhile, the House is trying to pass a number of draft laws before its term ends is less than three weeks.

Heeding the voice of the people, who had asked their representatives not to force the issue, the legislators initially decided against deliberating the bills during the final period of their terms in office. However, like a racer passing the final corner, in a surprising move, the lawmakers approved a proposal to deliberate the revised Law No. 30/2002 on the KPK at a House plenary meeting on Thursday (5/9/2019). The plenary meeting lasted no more than 20 minutes.

It appears that the KPK is being overtaken and its authority suppressed. The House Legislation Body (Baleg) drafted the revised KPK Law.

The House had not previously discussed any plans to revise the KPK Law, which was amended once through Government Regulation in Lieu of Law (Perppu) No. 1/2015 that was passed as Law No. 10/2015. The 2014-2019 House appeared to be focusing on the Criminal Code Bill (RKUHP), but has postponed the RKUHP and instead decided to revise the KPK Law.

KOMPAS/HERU SRI KUMORO

House of Representatives (DPR) Speaker Bambang Soesatyo (left, behind table) and DPR Deputy Speaker Utut Adianto (right) shake the hands of legislators as they chair the House plenary meeting on Thursday (5/9/2019) at the Senayan legislative complex in Jakarta. All House factions and legislators approved the proposal to revise Law No. 2/2018 on the People’s Consultative Assembly (MPR), DPR, Regional Representatives Council (DPD) and Regional Legislative Councils (DPRD) – or the MD3 Law – and Law No. 30/2002 on the Corruption Eradication Commission (KPK) during the meeting. The speakers did not read out each faction’s written response to the proposal, which were submitted during the meeting.

President Joko Widodo halted all House discussions on the 2016 revisions to the KPK Law. The government and the House had also agreed in 2015 to postpone any revisions to the KPK Law. The year before that, then-president Susilo Bambang Yudhoyono had discouraged revising the KPK Law, heeding the public’s view that the proposed revision was nothing more than a means by which legislators and those opposed to the anticorruption drive intended to weaken the KPK.

In 2017, the House rolled out another proposal to amend the KPK Law that was rejected by the public. The year after, the House’ political party factions shelved any plans to revise the KPK Law, because they were busy preparing for the 2019 elections, and now the revision proposal has suddenly reappeared at the end of the 2014-2019 legislature.

The House’s bill on the revised KPK Law is not much different from what it discussed in 2017, and only weakens the KPK. According to the revisions in the bill, KPK employees are no longer professionals and the KPK must obtain permission from a KPK Supervisory Council to conduct surveillance, search premises and seize evidence. The President nominates candidates to the council, from which the House makes the final selection.

This means that the KPK’s investigators will no longer be independent, and its prosecutors and must coordinate with the Attorney General\'s Office. The revision also includes a provision for the KPK to stop pursuing an investigation. This is not permitted under the prevailing law, so the KPK has taken care to ensure that it does its job carefully and thoroughly.

The House\'s decision to deliberate a revised KPK Law at the end of its term lends truth to the saying: political parties only heed the people’s voice during an election. The 2019 election is over, so the public’s demands to strengthen the KPK’s anticorruption authorities are being ignored.

President Jokowi can still prevent the bill, which only weakens the KPK, by denying government approval for its deliberation. Again: Listen to the people.