Public Trust Must be Maintained

KOMPAS/HERU SRI KUMORO

Anticorruption activists drape black fabric over the Corruption Eradication Commission (KPK) logo on Sunday (8/9/2019) at the KPK’s “red-and-white” headquarters in Jakarta. Activists, along with KPK staff, covered up KPK logos and other insignia during the #SaveKPK demonstration to symbolize a deliberate effort to weaken the country’s anticorruption body through the plan to revise the KPK Law and problematic candidates who have been shortlisted as KPK commissioners.

President Joko “Jokowi” Widodo is expected to maintain public confidence by rejecting the revision of the Corruption Eradication Commission (KPK) Law amid public criticism.

JAKARTA, KOMPAS — President Joko Widodo is expected to seriously consider to reject the weakening of the KPK through the revision of Law Number 30 of 2002 concerning the KPK. A forced revision can damage public confidence in the government, while at the same time disrupt the confidence of investors who want to invest in Indonesia.

At present the revision of the KPK Law is in the hands of President Joko Widodo. The House of Representatives (DPR) is just waiting for the president\'s letter to start deliberations on a bill between the government and the DPR.

Public support for the KPK continues to grow. The online petition "Clean Indonesia, President Rejects the Revision of the KPK Law!" on Change.org has been signed by 23,800 internet users. Meanwhile, as of Sunday evening, 1,006 lecturers and professors from various universities also gave support in a petition asking the KPK not to be weakened.

The KPK Law revision is considered to weaken the KPK because of an article that gives the KPK authority to stop the investigation of cases, the formation of the KPK Supervisory Board and wiretapping that requires the Supervisory Board\'s permission.

On Sunday, at the KPK Building, Jakarta, KPK employees and leaders "closed" the KPK Building symbolically by covering the KPK\'s letters and logo with a black cloth. The action, which was led by KPK Deputy Chairman Saut Situmorang, was also attended by civil society and university representatives.

Public trust

The effort to revise the KPK Law was carried out amid positive public perceptions of the KPK. The Kompas R&D poll, July 2019, showed 79.6 percent of respondents considered the KPK to have a good image.

A former member of the Presidential Advisory Council for Legal and Administration Affairs who is also a senior advocate, Albert Hasibuan, said that the effort to revise the KPK Law was illogical because people felt the KPK was good enough in combating corruption.

"I am sure President Jokowi listens to the voice of the people and will not send a presidential letter to the DPR," Albert said.

If the KPK Law revision continues in the midst of public rejection, according to the head of the Political Research Center of the Indonesian Institute of Sciences, Firman Noor, it could degrade public trust in the government.

"The revision of the KPK Law shows the original face of the DPR which indeed keeps distance from the public and is not aspirational," he said.

Executive Director of the Institute for Development of Economics and Finance (Indef) Enny Sri Hartati said that the uncertainty of law enforcement, including corruption, will make investor confidence in investment disappear. In the context of regulation, for example, the KPK bill will increase investment risk.

"If regulations and law enforcement are uncertain, it will create investor mistrust, because they see the potential for injustice in doing business because bribery and corruption may occur," she said.

According to Enny, legal certainty and law enforcement are factors that determine the ease of doing business in a country. With legal uncertainty, investors will think twice about investing.

Not in a hurry

A member of the DPR Commission III from the Nasdem Party, Taufiqulhadi, said that the DPR was only waiting for a presidential letter to continue discussing the revision of the KPK Law. "We will simply discuss it with the government," he said.

The director of the Center for Pancasila and Constitution Studies at the Faculty of Law of the University of Jember, Bayu Dwi Anggono, reminded President Jokowi to pay attention to public pressure and the potential for the weakening of the KPK through the revision of the KPK Law. According to him, Article 49 of Law No. 12/2011 on drafting laws and regulations gives 60 days for the President to respond to the DPR\'s letter regarding the formation of a DPR initiative bill.

"If, for example, within the 60 days given by the law the President does not give any response, it will not have any effect. After all it will pass the working period of the 2014-2019 DPR, whose term will soon end," Bayu said.

According to a criminal law expert from the University of Indonesia, Akhiar Salmi, the planned revision of the KPK Law proves that there is a systematic error in the way of thinking in preparing the legal basis to strengthen the eradication of corruption. He said that what should have been arranged gradually is the Criminal Code (KUHP), the Criminal Law Procedure Code (KUHAP), then the Corruption Law, and then the KPK Law.

The mistake of the DPR\'s mindset, said Akhiar, was the desire to re-enter the article on corruption into the Criminal Code. In fact, the article of corruption was been taken out from the Criminal Code in the 1960s because the government at that time considered corruption needed special handling.

Besides hoping that there will be no weakening through the revision of the KPK Law, there is also hope that the selection of KPK leadership candidates which will begin at the DPR this week will produce a figure with integrity.

Saut Situmorang hoped that five people who will eventually become leaders of the KPK for the 2019-2023 period can come and be in accordance with KPK values. He asserted, whoever was chosen later could not do as they pleased while in the KPK.

"In the KPK there is a clear value system. Clear checks and balances. Internal supervision and public complaints are clear,” said Saut.

(REK/SAN/INK/EDN/MTK)