House, govt defend corruption 'bulldozer'

Kurniawan Hari, The Jakarta Post, Jakarta

The House of Representatives and the government on Monday defended the establishment of the Corruption Eradication Commission (KPK) and denied suggestions that the setting up of the new commission was unconstitutional.

"There have been no breaches of the constitution. What we have done is simply to harmonize the powers of the KPK and Public Servants Wealth Audit Commission (KPKPN)," said Hamdan Zoelva, a member of House Commission II for legal affairs, before a judicial panel of the Constitutional Court.

Hamdan was representing the House in an action challenging the constitutionality of Law No.30/2002 on the establishment of the KPK. The government was represented by Abdulgani Abdullah, director general for law and legislation at the Ministry of Justice and Human Rights.

KPKPN members are seeking a judicial review of Law No. 30/2002 as it abolishes the role of the KPKPN in eradicating corruption.

The KPKPN, whose establishment was mandated by Law No.28/1999, was given the task of taking preventive action against corruption through auditing the wealth of public officials.

Many legislators and state officials have been up in arms over what they see as prying by the KPKPN into their possibly ill- gotten wealth. However, the public sees the KPKPN as having courageously crusaded against rampant corruption in high places.

Hamdan reiterated that the KPKPN would be subsumed into the KPK so that its role and functions would be maintained.

Counsel for the KPKPN, Amir Syamsuddin, said that although the KPKPN would be incorporated into the KPK, some of its duties would be jettisoned.

"This has prejudiced the constitutional rights of our client," Amir said.

During the hearing, which was presided over by the Constitutional Court president, Jimly Asshiddiqie, Judge Maruarar Siahaan asked whether the winding up of the KPKPN was motivated by malicious intent.

Both Hamdan Zoelva and Abdulgani denied this, saying that the establishment of the KPK was intended solely to strengthen the war against corruption.

Abdulgani said that corruption in Indonesia was so widespread that the preventive measures carried out by the KPKPN were not enough.

"It will take a bulldozer to eradicate corruption in Indonesia. We hope that the KPK will function as a bulldozer," he said.

Meanwhile, Hamdan stressed that the establishment of the KPK was aimed at bringing into being a commission that would have greater powers than the KPKPN.

He said that the KPKPN had wide-ranging duties but not enough to properly perform these duties.