Non-active House of Representatives deputy speaker Taufik Kurniawan (right) enters the Corruption Eradication Commission (KPK) building for questioning in Jakarta on Wednesday (7/11/2018). Taufik is suspected of accepting a gift in connection with the special budget allocation (DAK) for Kebumen regency in the revised 2016 state budget.
The National Mandate Party’s (PAN) plan to replace cadre Taufik Kurniawan as the House of Representatives (DPR) Deputy Speaker has been blocked.
Other House leaders reminded PAN that Law No. 17/2014 on the People’s Consultative Assembly (MPR), the House, Regional Representatives Councils (DPDs), and Regional Legislative Councils (DPRDs) – also known as the MD3 Law – was amended with Law No. 2/2018, and does not stipulate that political parties may replace their cadres in House speakership positions. Article 87 of Law No. 2/2018 states that House leaders may be replaced if they tender their resignation, are dismissed by their parties or upon their death.
PAN can only dismiss Taufik from his position in the event of a binding legal decision in his corruption case. Taufik has been named a suspect for allegedly accepting “a fee” of Rp 3.65 billion in connection with Kebumen regency’s special budget allocation (DAK) in the revised 2016 state budget.
However, if the party really wants to replace Taufik, the PAN leadership can use a provision in the MD3 Law that allows them to dismiss him freely on concluding after a period of three months that Taufik is no longer capable of executing his duties. PAN can either withdraw Taufik from House membership or propose a dismissal in accordance with the law. Either decision will, of course, have the potential to cause a political uproar, at least within PAN.
As this daily has reported, the House leadership suggested that there is no need for PAN to replace Taufik. Other House leaders can take over his duties. However, the PAN leadership has deemed this to be an ineffective measure (Kompas, 11/7/2018). In this political year, obviously PAN will secure its interests in the House by appointing its representatives there.
Now it is up to Taufik whether he will stay in his position – although this would not be an effective solution because he is detained – or hand the situation over to be decided by the party that has appointed him. According to the suggestions from other House leaders, he can stay on as the House deputy speaker until a binding legal decision has been issued. The court trial could take a long time. However, it could also be an occasion to set a public example on highly ethical and moral state management.
Many state officials in this country have continued to hold onto their positions, even after they have been named as suspects or otherwise involved in court cases, by using legal loopholes that do not enforce their replacement or resignation. Andi Alfian Malarangeng and Idrus Marham are merely two examples of the handful of state officials that immediately tendered their resignations after they were named corruption suspects. Their move garnered public praise. The people desire ethical leaders “berbudi bawa laksana” – leaders who do as they say.
Ethics is not a regulation that must be obeyed or carries sanctions. We can refer to House Decree No. XI/MPR/1998 on clean state management that is and free from corruption, collusion and nepotistm (KKN). Article 2 of the decree states that the state officials in executive, legislative and judicative institutions must carry out their functions and duties properly and be accountable to the people, the
nation and the state. Therefore, state officials must be honest, just, open, trustworthy and not engage in KKN. Ethics is critical to gaining – and keeping – the public’s trust.
