JP\/5\/COUNCIL<\/p>\n
Councillors face uphill battle against graft charges<\/p>\n
A'an Suryana
\nThe Jakarta Post\/Jakarta<\/p>\n
The 10 people who came to the Attorney General's Office here as
\nrepresentatives of councillors nationwide were kept waiting in a
\nmeeting room for more than 30 minutes.<\/p>\n
When senior prosecutor Sudhono Iswahyudi finally entered the
\nroom, the councillors duly rose and shook hands with the powerful
\ndeputy head of the special crimes division. Sudhono took the seat
\nat the head of the table and began the meeting.<\/p>\n
Although unnoticed by most people, this meeting in August was
\nextremely important, especially for the country's councillors,
\ngrouped under the Association of Regional Legislative Councils.<\/p>\n
During the discussion, the representatives asked for an
\nexplanation from Sudhono about why hundreds of their fellow
\ncouncillors had been investigated, prosecuted and convicted since
\nMay for graft, beginning with 43 councillors from the West
\nSumatra provincial council. They also asked the prosecutor to
\nexplain exactly what laws these councillors were being tried
\nunder.<\/p>\n
They claimed that most councillors were unaware of or did not
\nunderstand the laws regulating the financial management of
\nlegislative councils, so it was unfair to jail them for graft.<\/p>\n
Legal observer Muladi said during a recent seminar in Jakarta
\nthat rampant corruption in the regions likely stemmed from one of
\ntwo causes. First, councillors and prosecutors really do have
\ndifferent understandings of what constitutes corruption. Second,
\nthe councillors really are corrupt and are stealing the money for
\npersonal gain.<\/p>\n
It is likely that the first cause was behind a case in Bandung
\nwhere municipal councillors were accused of embezzling Rp 8.49
\nbillion from the municipal budget between 2001 and 2002.<\/p>\n
The case began when the councillors created a new budget item
\nin the municipal budget, which they called the \"operational
\npost\". This operational post was not mentioned in a government
\ndecree on the financial regulations of legislative councils
\n(Government Decree No. 110\/2000), and an anti-corruption activist
\nspotted the budget item. The activist accused the councillors of
\nembezzling money from the council budget, prompting prosecutors
\nto launch an official investigation.<\/p>\n
The councillors, however, insisted they had done nothing
\nwrong. They said they needed the money to launch public campaigns
\nabout crucial issues concerning the municipality. They also said
\nthe budget item did not violate any laws or regulations.<\/p>\n
They argued that Law No. 22\/1999 on regional autonomy gave
\nthem the freedom to create new items in the municipal budget, as
\ndid several other regulations, including a council decree and a
\nministerial decree on the financial management of legislative
\ncouncils. They said Government Decree No. 110\/2000 was not the
\nonly regulation on councils' financial management.<\/p>\n
Despite these arguments, however, prosecutors are adamant that
\nthe councillors should be prosecuted for violating the government
\ndecree.<\/p>\n
However, there have been numerous councillors around the
\ncountry who have been caught obviously enriching themselves
\nthrough corruption.<\/p>\n
Councillors have made up budget allocations to get additional
\nmoney from the regional budget. They have misused state funds by
\nallocating money for fictitious programs. Others have applied for
\ninsurance through the councils and then used the money to make
\nhouse payments.<\/p>\n
Muladi said prosecutors must be careful in distinguishing
\nbetween corruption and simple misunderstandings. Prosecutors
\nshould scrutinize all laws and regulations while investigating a
\ncorruption case, and not simply rely on Government Decree No.
\n110\/2000.<\/p>\n
And if councillors are found to have committed corruption,
\nprosecutors can level charges against them using the anti-
\ncorruption law, he said. But if they are only guilty of
\nadministrative mistakes, they should only receive administrative
\nsanctions.<\/p>\n
In order to end the confusion over the legal regulations
\ngoverning the financial management of legislative councils,
\nprovincial and regency prosecutors' offices have conducted
\nseveral workshops for councillors. During these workshops,
\ncouncillors are briefed on what is and is not corruption.<\/p>\n
Helping the councillors better understand these differences is
\nimportant, but even more important is monitoring and preventing
\ncouncillors from embezzling state money. Had a non-governmental
\norganization in West Sumatra not reported corruption at the
\nprovincial council to the prosecutor's office, it is likely the
\ncouncillors would have got away with stealing the public's money.<\/p>\n
Constant monitoring is needed as corruption in regional
\ncouncils has seemingly reached epidemic levels. As of August of
\nthis year, hundreds of councillors from 29 provincial, regency
\nand municipal councils were being investigated for graft, with
\ndozens of councillors already convicted and sentenced.<\/p>\n
According to Sudhono, the amount of money stolen by corrupt
\ncouncillors could reach trillions or rupiah.<\/p>\n
Selected provincial\/regency\/municipal councils where council
\nmembers have been investigated or prosecuted for graft in 2004
\n------------------------------------------------------------
\nRegion Alleged Sum Involved Status<\/p>\n
Sidoarjo, East Java Rp 21.9b (US$2.4m) convicted
\nMakassar, South Sulawesi Rp 18.23b suspects
\nManado, North Sulawesi Rp 9.6b suspects
\nKampar, Riau Rp 1.13b suspects
\nCirebon, West Java Rp 1.3b suspects
\nLampung Rp 23.5b suspects
\nPadang, West Sumatra Rp 10.4b suspects
\nWest Sumatra Rp 6.48b suspects
\nKendari, Southeast Sulawesi Rp 1.9b suspects
\nWest Nusa Tenggara Rp 24.2b suspects
\n------------------------------------------------------------
\nFrom various sources<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/jp5council-1447899208",
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"sponsor": "Okusi Associates",
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