Public Feedback No Longer Needed: Baleg

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JAKARTA, KOMPAS — The government and the House of Representatives have accelerated the process of revising Law No. 30/2002 on the Corruption Eradication Commission (KPK) and expect to complete the process in 11 days. The House Legislation Body (Baleg) has also determined that inputs from the public and the KPK were no longer needed in the legislative process.

Many have lambasted the move as setting a poor precedent for Indonesian governance. The deliberation of the revised KPK Law has proceeded despite public outcry over the planned revisions, which many fear will weaken the KPK.

On Thursday (12/9/2019) evening, just one day after the House received the President’s letter on the plan to revise the KPK Law, Baleg and Law and Human Rights Minister Yasonna H. Laoly held a work meeting to listen to the President’s views on the planned revisions. A committee will be established on Friday (13/9) to being deliberations.

Apart from the revised KPK Law, the meeting also discussed revising two other laws, Law No. 12/2011 on lawmaking and Law No. 2/2018 on legislative bodies. The House plans to complete revising the three laws before the 2014-2019 legislative term ends on 24 Sept.

Space for discussion

Baleg chair Supratman Andi Agtas of the Gerindra Party faction expressed optimism on Thursday at the Senayan legislative complex that the revised KPK Law would be completed in a short time if the House and the government held similar views on the matter. He also said that public input was no longer needed, as the public had provided input since the plan to revise the KPK Law was first floated in 2017.

“As of this moment, what other public response do we not know? We know everything already. Including all pros and cons. Must we invite everyone again one by one?” he said, and stressed that public input had been considered in the process of drafting the revised KPK Law.

Article 96 of Law No. 12/2011 on lawmaking stipulates that the people have the right to provide verbal and written feedback in the legislative process. In the context of the article, “the people” refers to individuals or groups expressing interest in the legal substance of a draft bill.

Baleg member Taufiqulhadi of the Nasdem Party faction said it was highly likely that deliberations on the revised KPK Law would not involve the public due to the short time available. The KPK’s input had been deemed unnecessary, as the House had already asked the KPK 2019-2023 leadership candidates for their views on the issue during the fit and proper tests on 11-12 Sept.

The fit and proper tests for the five shortlisted candidates Alexander Marwata, Johanis Tanak, Luthfi Jayadi Kurniawan, Firli Bahuri and Roby Arya Brata, were completed on Thursday at 11 p.m. The fit and

proper tests for the five other shortlisted candidates – Nawawi Pomolango, Lili Pintauli Siregar, Sigit Danang Joyo, Nurul Ghufron and I Nyoman Wara – were held on Wednesday.

House Commission III will make the final selection from these 10 candidates, and submit the names of the five selected candidates to a House plenary session on Friday for approval.

The planned revision to the KPK Law was one of the questions the candidates were asked during their fit and proper. All 10 candidates agreed that a revision was necessary, but differed in their views on what the revisions should entail. The question was a point of consideration for House Commission III in selecting the new KPK leadership line-up.

Three revision points

At the work meeting with the Baleg on Thursday night, Yasonna said the government had highlighted several points for further elaboration on the problem inventory list (DIM) for the KPK Law revision.

First, regarding the establishment of a KPK supervisory council, the government said that appointing the council’s chair and members should fall under the President’s authority in order to shorten the process. The current version of the revised law involves a selection committee and public input in the appointment process.

Second, the government agreed that KPK investigators must be civil servants that adhered to the Civil Service Law. The government proposed a two-year leeway to register all KPK investigators as civil servants. Third, the government agreed to turn the KPK into a state body under the executive branch of government.

Regarding the accelerated process for revising the KPK Law, KPK deputy chair Laode M. Syarif said it would set a poor precedent for governance in Indonesia, as the KPK had not been involved or even notified about the contents of the revised law. “This is improper,” he said.

Meanwhile, protests continue at the KPK to show continued support for the anti-graft body and opposition to the plan to revise the KPK Law.

https://cdn-assetd.kompas.id/7Cm-5eNWddwqFaZsSUWfKa7LPZM=/1024x643/https%3A%2F%2Fkompas.id%2Fwp-content%2Fuploads%2F2019%2F09%2F20190912rad14_1568272473.jpg — Kompas
The House Commission III holds a confirmation hearing for Corruption Eradication Commission (KPK) leadership candidates at the Senayan legislative complex in Central Jakarta on Thursday (12/9/2019). One of the five candidates for KPK leadership interviewed on the second day of confirmation hearings was KPK commissioner Alexander Marwata (not pictured).

Syarif Hidayatullah State Islamic University (UIN) professor Azyumardi Azra expressed his regret over the President’s hasty issuance of a letter to respond to the planned revisions. “[The President] has disregarded his own statements and ignored civil society. With [his] letter, the House has the freedom to do whatever it wants to paralyze the KPK,” he said. (INK/EDN/AGE/IAN)

Editor:

naranasrullah

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