Corruption is no longer `sexy and sensational'

Corruption is no longer `sexy and sensational'

Teten Masduki, Coordinator, Indonesia Corruption Watch (ICW),
Jakarta

Since the formal collapse of Soeharto's authoritarian
government, the pattern of corruption shifted from one conducted
in an oligarchic manner to a "multiparty" pattern occurring
within and across all major parties and sectors. In the last five
years this has become the major impediment to the progress of
reform in various fields. Recovery and improvement in the
economy, legal system, civil service bureaucracy and in the
political system have been greatly affected.

The coalition government of President Megawati Soekarnoputri
is marked by the strengthening influence of money in the process
of politics and public administration -- and compromises among
elite circles for political and economic power sharing. This
period has enabled the old economic and political forces of the
New Order's "kleptocracy", in the words of political analysts, to
build new relations of political and business patronage. Thus old
political and economic structures and values, including corrupt
political behavior have been further preserved without change.

Corruption is no longer even a "sexy" political issue among
current political leaders who were vying for popularity under
former presidents B.J. Habibie and Abdurrahman Wahid.

The reported irregularities in budget spending for military
barracks during the early stages of Megawati's administration
remains unresolved. The demand by a handful of legislators to
form a disciplinary council at the House of Representatives (DPR)
for graft felon and current Speaker Akbar Tandjung's suspension
has never materialized, despite the court finding him guilty of
misappropriating State Logistics Agency (Bulog) money.

Meanwhile, the move by the Public Officials' Wealth Audit
Agency (KPKPN) to officially report to the police Attorney
General MA Rahman for financial asset irregularities which smack
of corruption, has failed to secure political support from the
President or the DPR. Indeed, Megawati has stood firm in
demanding that Rahman stay on as her Attorney General despite the
evidence and allegations against him. The same situation also
prevails in cases of the sale of assets of the Indonesian Bank
Restructuring Agency (IBRA) and the divestment or privatization
of state-owned enterprises.

The granting of release and discharge (R&D) to indebted
bankers through Presidential Instruction No.8/2002 constitutes
the climax of the manifestation of political protection or
patronage for tycoons made popular by the New Order. The
instruction has wide implications particularly in terms of
corruption eradication. It also indicates the retention of an
economic policy with greater priority given to the super wealthy.
This R&D policy is a political commodity which will likely become
an instrument of corruption for the relevant officials and
politicians.

The transition toward regional autonomy, which has transferred
much administrative and financial power to the local leaders
without the strengthening of public participation, has also
become a source of "collective corruption". The drafting and
implementation of regional budgets, regent elections,
presentation of accountability reports and formulation of
regional regulations have become easy targets for regional
officials and politicians to enrich themselves.

Hardly any election of regional heads or the planning of the
local budget has proceeded without public protests because
bribery often clouds such events. Regional autonomy, which was
designed to enhance public services and welfare through a
decentralization of power, is now doing just the opposite.

Under Megawati, the nation has also had to face increasingly
dismal law enforcement. Attorney General MA Rahman, who should be
at the forefront of corruption eradication, is instead starting
to look like a key player in allowing corruption to continue,
based the aforementioned KPKPN case, which has been put deep on
the back burners.

Bribery, or possibly extortion, allegedly involving judges
with the South Jakarta District Court was again uncovered this
year. As political protection may no longer be effective, the
judicial institution will become a target of delinquent fat cats
and corrupt officials trying to buy "legal certainty" to evade
justice and stay out of prison.

In this reform period we need the political will of the
national leadership -- the President, the Minister of Justice and
the Supreme Court Chairman -- to conduct a judicial purge.

The prosecution office needs a clean and professional attorney
general who is also a strong and visionary figure, so as to be
capable of launching an internal reform for its purge and
empowerment. The Supreme Court Chairman and Minister of Justice
have enough legal instruments to penalize judges who are fond of
commercializing their verdicts.

But the opportunity, the power and the public support to put
our legal sector in order have come to no avail. So far only the
judges in the case of Manulife have been suspended by a
presidential decree due to indications of a dishonest decision --
and this only happened because of international pressure.

The establishment of the Commission on Eradication of
Corruption Crimes (KPK) by Law No.30/2002 with its unusual
authority to substitute prosecution and police institutions that
fail to function, has offered new hope.

Yet the eventual dissolution of KPKPN in its initial phase by
the legislature, raises fears over the independence of KPK, which
can also be disbanded by the DPR and the government if it begins
to disturb their interests.

Furthermore, the combination of the KPKPN function of auditing
public officials' wealth with that of the KPK is not complemented
by the necessary stipulations in Law No. 30/2002; especially
those on the obligation of officials to report their wealth to
KPK, penalties for their failure to report or for submitting
false reports, access to financial and banking institutions, and
the principle of sharing the burden of proof in the process of
prosecution.

Therefore, it is impossible to expect significant efforts from
the top (the government and DPR) regarding corruption
eradication, which should become a national commitment, at least
as reflected in the decrees of the People's Consultative Assembly
(MPR) (No.IX/1998 and No.VIII/2001).

Even when bribes have constituted the main activity and income
of people's representatives, and political decisions in the
legislature, budgeting and control functions have been made
commodities, the House and political parties have changed into a
fierce corruption machine that can kill the entire system of
government control and law enforcement.

Public administration has been dominated by a "kleptocracy"
and corruption has become the only way to power, so that its
elimination is even more unthinkable. Corruption is no longer a
crime of power that legally or socially bears high risks -- just
lavish financial and political benefits for its perpetrators.
Today's creed is that the bigger the abused funds, the more
difficult it is to send its culprits to prison.

Eradicating corruption now is nearly hopeless without any
political and economic structural change, which can only be
expected from the younger generation.

The experience in many countries with successful eradication
of systematic corruption shows the determinant factor of strong
political figures and these leaders' commitment to make their
people prosper. Here, the reverse is true, where politicians are
the leading actors of corruption at the expense of the nation's
people.