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.