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.
---------------------------------------------------------------- Key points ---------------------------------------------------------------- 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. -----------------------------------------------------------------