Anticorruption commission: A ray of hope

Anticorruption commission: A ray of hope

A'an Suryana, The Jakarta Post, Jakarta

The anticorruption commission is by no means a new animal in the
country, which has suffered from graft for decades.

The country's first-ever anticorruption body was constituted
in 1971, three years after Gen. Soeharto assumed power, in
response to pressing public demands for the new government to
eradicate corruption.

Although former vice president Mohammad "Mr. Clean" Hatta, a
figure in the country's history respected for his modesty, was
appointed to the institution, the commission signally failed to
live up to the public's expectations. Resistance was huge,
including from the military, which had taken over the reins of
lucrative, but corrupt state oil company Pertamina. Soeharto's
government, which enjoyed strong and popular support, was
seemingly hesitant to take tough measures to deal with
corruption.

As time went by, it was widely known that Soeharto's
government was embroiled in a vicious cycle of corruption,
collusion and nepotism, whiles he held power, unchallenged, until
May 1998.

The fall of Soeharto marked the revival of the nation's
struggle to eradicate corruption. Under the reform spirit,
Indonesia declared corruption the number-one enemy the nation
must deal with. The establishment of an anticorruption commission
was then regarded as one of the principal measures to combat
corruption.

Soeharto tops the list of former state officials and cronies
implicated in graft, but his claimed ill health has helped him
evade justice thus far.

Establishment of the commission did not proceed smoothly,
despite the fact that the latest anticorruption law passed under
the administration of B.J. Habibie in mid-1999 demanded that the
government set up the institution by 2001. Only in November this
year was the new anticorruption commission law endorsed by the
House of Representatives (DPR), four years after the reform
movement had commenced.

The administration of Abdurrahman Wahid moved to put a brake
on corruption by establishing the Public Servants' Wealth Audit
Commission (KPKPN), a few months before his removal in July 2001.
Not all targeted state officials from the executive, legislative
and judicial branches submitted their wealth reports to KPKPN
despite its legitimacy, displaying resistance from power-holders
to the anticorruption drive.

Smarting from the Soeharto era, observers have given a
reminder that the new anticorruption commission, which will
replace KPKPN, will require strong political support from the
government, hitherto lacking.

Next, the new commission will need members having great
integrity, a clean track record and a strong commitment to
combating corruption in order to carry out the jobs effectively .

Compared with KPKPKN, the commission, which is expected to
start working by the end of next year, will have additional
powers to seek explanations about the wealth of state officials,
and to undertake investigations and prosecutions.

KPKPN will later be incorporated into the new commission's
corruption prevention section.

The commission has the power to take charge of a corruption
investigation or prosecution being handled by the police or the
Attorney General's Office.

In such a situation, the same article requires the police or
prosecutors to hand over the suspect, evidence and relevant
documents within 14 days of a request from the commission.

The new commission has also determined the rules of the game,
which serve as a self-control mechanism on its five members.

Under Article 34 of the endorsed bill, commissioners will be
prohibited from contacting suspects or other parties involved in
a graft investigation.

An individual commissioner will also be barred from becoming
involved in an investigation in which he has a blood relationship
to the suspect for up to three generations.

Commission members will not be permitted to hold positions in
companies, foundations or cooperatives.

A violation carries a five-year prison term.

The new commission may be unable to deal with corruption cases
dating back to the three-decade rule of Soeharto, but, as an old
saying suggests, it's better late than never.

Indeed, the combating of corruption in Indonesia faces a truly
daunting challenge, while people seem not to know from where to
start.