Waiting for the KPK to be strong again
A series of polemics at the Corruption Eradication Commission occurred as a result of the revision of the KPK Law.
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Workers install seteger or iron scaffolding which will be used to help repair the ceiling of the KPK Building, Jakarta, Monday (28/9/2020).
Public concerns regarding the weakening of the Corruption Eradication Commission after the revision of the KPK Law have become a reality. Instead of handling big cases, the Corruption Eradication Commission (KPK) focuses more on its internal problems. The hope that the KPK can be strong again is pinned on the political will of the government. On the other hand, the Corruption Eradication Committee must reform its internal affairs starting from institutional governance.
A number of elements of society have long voiced their rejection of the revision of the Corruption Eradication Commission Law. In fact, this law was challenged at the Constitutional Court (MK), one of which was former KPK leaders, Agus Rahardjo, Laode M Syarif, and Saut Situmorang. The three of them assessed that the formation of the Corruption Eradication Committee Law was not carried out in accordance with good regulatory formation procedures.
According to Kompas, the DPR and the government completed discussions on the revision of Law Number 30/2002 concerning the KPK within two weeks. In total, only five meetings were known to the public.
From the results of research conducted by Indonesia Corruption Watch (ICW) together with the Indonesian Center for Law and Policy Studies (PSHK), the formation of Law No. 19/2019 concerning the Second Amendment to Law No. 30/2002 concerning the Crime Eradication Commission Corruption experienced formal defects at the planning, preparation and discussion stages.
The negative impact of this law revision include, among others, the KPK leaders no longer having the status of investigator and prosecutor. In addition, the independence of the KPK in recruiting investigators is lost, KPK employees are now categorized as civil servants (ASN), and KPK must coordinate with the Attorney General's Office in prosecuting.
Public trust in the Corruption Eradication Commission is increasingly being eroded by various polemics that have occurred within this anti-corruption agency. Based on the results of the Kompas R&D survey for the period December 2023, the good image of the KPK institution is at 47.5 percent. This figure is the lowest of the 22 surveys since January 2015. In fact, in the January 2015 survey, the KPK's good image was at 88.5 percent.
The decline in the image of the Corruption Eradication Commission (KPK) cannot be separated from a series of events that have been directed towards the institution over the past four years. The revision of the KPK Law, which was widely rejected by the public, the nationalist insight test, and the transition of KPK employees' status into civil servants are the reasons behind it.
Also read: Internal Polemic Never Ends, KPK's Marwah Is At Stake
The polemic that occurred at the KPK included the dismissal of KPK Chairman Firli Bahuri because he was a suspect in the alleged extortion case of former Minister of Agriculture Syahrul Yasin Limpo. Still at the helm of the KPK, Lili Pintauli Siregar resigned from her position as Deputy Chair of the Corruption Eradication Commission amid cases of alleged ethics violations.
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The Supervisory Board of the Corruption Eradication Commission (KPK) reported on the development of the case involving illegal levies carried out by 93 KPK employees against corruption case detainees in Jakarta on Monday (15/1/2024). In addition to the ethics hearing, the case is also being dealt with criminally.
Currently, Corruption Eradication Commission (KPK) Deputy Chairman Nurul Ghufron has been reported to the KPK Supervisory Board (Dewas) for alleged communication with officials from the Ministry of Agriculture for the purpose of transferring one of its employees. Ghufron's ethics trial began on Thursday (2/5/2024), but he did not attend. Ghufron requested the ethics trial to be postponed on the grounds that he is currently filing a legal challenge to the Supreme Court and suing Dewas KPK to the Administrative Court.
At the employee level, former KPK investigator, Stepanus Robin Pattuju, has been sentenced to 11 years in prison for accepting bribes from several parties involved in KPK cases. Additionally, one KPK employee with initials IGA was fired for violating the code of ethics by stealing evidence in the form of 1.9 kilograms of gold to pay off debt. There was also a case of 93 KPK employees violating ethics by extorting detainees at the KPK detention center.
When contacted in Jakarta on Monday (29/4/2024), Saut Situmorang stated that he was not surprised by the series of polemics that occurred in the KPK as a result of the revision of the KPK Law. According to Saut, the series of negative events will continue to occur and it is only a matter of time.
KPK's holding value
He saw that the KPK had shifted from structure, strategy, system, leadership style, expertise, to the values it holds. "If the value goes down, if you want to use strategy, increase your salary no matter how much, it's still corruption. "That's a bit difficult now, that's why I always say return the Corruption Eradication Committee Law as soon as possible so that the value returns," said Saut.
Also read: Efforts to Eradicate Corruption Are Considered Getting Worse
The values upheld by the Corruption Eradication Commission (KPK) are integrity, synergy, leadership, professionalism, and justice. In addition, KPK employees hold the values of honesty, care, independence, discipline, responsibility, hard work, simplicity, courage, and fairness.
If the value goes down, if you want to use strategy, salary increases no matter how much, it's still corruption.
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Former Deputy Chairman of the Corruption Eradication Commission Saut Situmorang, in Jakarta, Thursday (8/6/2023).
He recounted the working climate during his leadership from 2015-2019. At that time, the leadership of the Corruption Eradication Commission (KPK) always sat together every day to discuss the cases that were being handled by the KPK. According to Saut, the rhythm had been established since the establishment of the KPK. They always worked collectively, collegially, and egalitarian.
Furthermore, they even know things that are of a personal nature, such as when a leader gives permission to go to the hospital. Saut always tries to avoid leaving the KPK building because he believes the risk is too great, like the threat of harm.
Also read: Saving the KPK
This habit is not only practiced at the leadership level. Deputies and employees also do the same thing. They monitor each other as a form of control.
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The Deputy Chairman of the Corruption Eradication Commission (KPK) Laode M Syarif, Chairman of the KPK Agus Rahardjo, Deputy Chairman of the KPK Basaria Panjaitan, Deputy Chairman of the KPK Alexander Marwata, and Deputy Chairman of the KPK Saut Situmorang (from left to right) after presenting the KPK's performance report for 2016-2019 at the Merah Putih Building complex of the KPK, Jakarta, on Tuesday (17/12/2019).
According to Saut, the Corruption Eradication Commission (KPK) is currently in a complicated situation. The KPK Supervisory Board (Dewas KPK) will not be able to improve it. This is evidenced by Dewas KPK's ability to only provide moral sanctions to KPK employees after they have become civil servants (ASN). ASN discipline is not within Dewas's authority to adjudicate.
Even so, said Saut, the Corruption Eradication Commission (KPK) will have difficulty handling corruption cases ahead of the 2024 Regional Head Elections due to various internal issues. However, the hope for eradicating corruption is attached to the KPK as an agent of change.
According to Saut, currently the only hope lies with the president and the Corruption Eradication Commission (KPK) to support the fight against corruption. The leadership of the KPK should be summoned by the president to be held accountable for all the controversies that have occurred within the KPK.
"In the past (before the revision of the Corruption Eradication Commission Law), (the president) called me, you couldn't have done that carelessly. Now, he (KPK) is part of the government. Just take part in the cabinet meeting (KPK leadership). "So, (now the KPK leadership) can be summoned (by the president) at any time," said Saut.
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Ombudsman member, Robert Na Endi Jaweng (left), along with Vice Chairman of the Corruption Eradication Commission, Nurul Ghufron, provided a statement to journalists at the Ombudsman building in Jakarta on Thursday (10/6/2021).
Symbol of hope
When met in Jakarta, Tuesday (30/4/2024), member of the RI Ombudsman, Robert Na Endi Jaweng, said that the Corruption Eradication Committee (KPK) is not just an organization or institution. The KPK is a symbol of hope.
"The symbol of hope for a better Indonesia, a clean Indonesia. Maybe being corruption-free is still far away, but at least corruption is decreasing," said Robert.
Therefore, Robert always handles reports related to the Corruption Eradication Commission (KPK) that are received by the Ombudsman seriously. Because the KPK must be saved and strengthened.
As for the cases being handled, they include the dismissal of KPK employees through a controversial national insight test and the polemic of returning KPK's Director of Investigation, Brigadier General (Pol) Endar Priantoro, to the National Police.
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Posters carried by students during a demonstration around the KPK's Red and White Building, Jakarta, Monday (27/9/2021).
According to Robert, the Corruption Eradication Commission (KPK) must reform its internals. The internal governance of KPK is a heavy task for the next leadership period. KPK must establish a more open internal system and uphold integrity - from the leaders to the subordinates - to restore public trust.
The reason being, the existence of the Corruption Eradication Commission (KPK) is inseparable from the support of the community. When that trust is eroded, the KPK experiences a weakening of even losing its public moral legitimacy. "Let's not forget, the KPK is a product of reformation. A product of public expectations that must continue to be nurtured and strengthened," said Robert.
Also read: The prestige of the "Children" of the Reformation begins to fade
In addition to improving governance, the Corruption Eradication Commission (KPK) must also avoid conflicts of interest with all parties, especially those related to cases. This is because conflicts of interest are a part of maladministration.
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The atmosphere during the ethics hearing of the KPK Supervisory Board regarding the ethical decision against former KPK Chairman Firli Bahuri at the Anti Corruption Learning Center (ACLC) KPK building in Jakarta on Wednesday (27/12/2023).
Robert also hopes that the KPK Supervisory Board is strengthened as an internal instrument to oversee ethical deviations from leaders and employees. The KPK Supervisory Board can function to uphold the dignity of the institution. Because, the power of the KPK is very great. The greater the power, the greater the temptation to deviate.
Regarding the issue of merging the Corruption Eradication Commission (KPK) with the Ombudsman, Robert stated that the Ombudsman is an institution that enforces the law. Therefore, the Ombudsman will implement any decision made by the legislator, namely the president and the DPR.
Also read: The Fate of "Children of Reform" in the Hands of Regulators
Indonesia Corruption Watch researcher Kurnia Ramadhana sees the problems currently occurring in the Corruption Eradication Commission (KPK) stemming from a mistake in the direction of anti-corruption efforts. The legal politics of anti-corruption that prioritize the KPK have been defeated by political interests. Everything happening in the KPK currently is due to their success in eradicating political corruption.
According to Kurnia, there is hope in the process of changing the leadership of the Corruption Eradication Commission (KPK) in the future. Looking at the issues in the KPK, there must be a political will from the government to choose a leader of KPK with integrity. In the long term, the KPK law must be amended. This is because the law has caused many problems, such as the conversion of KPK's employment status to civil servants (ASN).
Ahead of the 2024 Regional Elections, according to Kurnia, the Corruption Eradication Commission (KPK) must still be able to mitigate potential allegations of corruption. This is because many regional head candidate will seek funding to finance their victory. The KPK must take action and prevent potential corruption, including mitigating conflicts of interest.
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Indonesia Corruption Watch (ICW) researcher Kurnia Ramadhana made a statement during a theatrical demonstration called "4 Years of Harun Masiku Not Being Captured" in front of the Corruption Eradication Commission (KPK) building in Jakarta on Monday (15/1/2024).
Meanwhile, the Dean of the Faculty of Law at Brawijaya University in Malang, Aan Eko Widiarto, sees the issue of the KPK as already very complex. The KPK is busy with internal issues, ranging from employees to leaders.
As a result, they forget to eradicate major corruption cases. In fact, until now, they have not been able to arrest the suspect in the case of bribery in the appointment of DPR members for the period 2019-2024, Harun Masiku, who has been a fugitive since 2020.
Also read: Four years on, Harun Masiku is still being hunted
The aim of revising the Corruption Eradication Committee Law to hinder the eradication of corruption has become a reality. ”It looks like a big design for weakening the KPK (carried out). "This actually harms the original intention to truly eradicate criminal acts of corruption," said Aan.
As a short-term improvement effort, the leaders and staff of the Corruption Eradication Commission (KPK) must be committed to bringing the KPK back on track in combating corruption. This can be initiated by improving the structure of the KPK. As for long-term improvements, the KPK law should be revised further to strengthen the functions of oversight and internal institutionalization of the KPK.
