House approves new body to combat endemic corruption

House approves new body to combat endemic corruption

Kurniawan Hari, The Jakarta Post, Jakarta

The House of Representatives (DPR) on Friday endorsed the bill on
the anticorruption commission as part of an apparent effort to
combat endemic corruption in the country.

As soon as the anticorruption commission is established, the
existing Public Servants' Wealth Audit Commission (KPKPN) will be
merged with it.

The House unanimously approved the bill, which defines
corruption as an extraordinary crime that requires an agency
invested with special powers to combat it.

"Corruption is an extraordinary crime, and so there must be an
extraordinary effort made to eradicate it," said legislator J.E.
Sahetapy of the Indonesian Democratic Party of Struggle (PDI
Perjuangan) during the House plenary session.

Indonesia has long been listed as one of the most corrupt
countries in the world.

Compared to the KPKPN, the new commission will have additional
powers to seek explanations about the wealth of state officials,
and to undertake investigations and prosecutions.

Patrialis Akbar of the Reform faction said that the powers of
the commission would not overlap with those of law enforcement
institutions such as the National Police and the Attorney
General's Office. Critics say, however, that the country's law
enforcement agencies are themselves riddled with corruption.

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

Article 8 of the bill states that 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 after a request from the commission.

Based on Article 69 (2), the KPKPN will continue to exercise
its duties, powers and functions until the anticorruption
commission is up and running.

All factions supported this clause, except for the United
Development Party (PPP) and the Daulatul Ummah Unity (PDU), whose
members Jusuf Syakir and Abdullah Hehamahua respectively hold key
posts in the KPKPN.

PPP spokesman Tahir Saimima suggested that the dissolution of
the KPKPN should be delayed until its five-year mandate ended in
2006. The KPKPN has frequently found itself in hot water with
both House legislators and government officials for requiring
them to submit wealth declarations and making them public.

In some of its latest moves, the KPKPN has reported suspect
legislators to the police and grilled Attorney General MA Rachman
over his attempts to conceal his wealth.

Tahir also suggested that all of the KPKPN's current members
be appointed to the new commission for the sake of continuity.

Sayuti Rahawarin of the PDU concurred with Tahir, saying that
the work of the KPKPN should be continued by the new commission.

In his acceptance speech, Minister for Justice and Human
Rights Yusril Ihza Mahendra said he hoped the establishment of
the new commission would put a brake on corruption.

"The experience of other countries has shown that the
establishment of such a commission has helped reduce corruption,"
Yusril said.

The commission will have five members and four expert
advisors, and will be staffed by civil servants.

Under Article 34 of the bill, the 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 is related by blood to
the suspect by up to the third degree.

The commission members are not permitted to hold offices in
companies, foundations or cooperatives.

A violation of Article 34 carries a five-year term of
imprisonment.

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Key points
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Article 8: In the performance of its duties, the commission may
take charge of a corruption investigation or prosecution that is
being handled by the National Police or the Attorney General's
Office.

Article 16: All state officials who receive gifts must declare
them to the commission. Such a declaration must state the name
and address of the donor, position of the state official
concerned and the value of the gift.

Article 54: The bill mandates the assignment of a special court
to try corruption cases. The Central Jakarta District Court is
designated by the bill for this purpose.
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