JP/5/COUNCIL
JP/5/COUNCIL
Councillors face uphill battle against graft charges
A'an Suryana
The Jakarta Post/Jakarta
The 10 people who came to the Attorney General's Office here as
representatives of councillors nationwide were kept waiting in a
meeting room for more than 30 minutes.
When senior prosecutor Sudhono Iswahyudi finally entered the
room, the councillors duly rose and shook hands with the powerful
deputy head of the special crimes division. Sudhono took the seat
at the head of the table and began the meeting.
Although unnoticed by most people, this meeting in August was
extremely important, especially for the country's councillors,
grouped under the Association of Regional Legislative Councils.
During the discussion, the representatives asked for an
explanation from Sudhono about why hundreds of their fellow
councillors had been investigated, prosecuted and convicted since
May for graft, beginning with 43 councillors from the West
Sumatra provincial council. They also asked the prosecutor to
explain exactly what laws these councillors were being tried
under.
They claimed that most councillors were unaware of or did not
understand the laws regulating the financial management of
legislative councils, so it was unfair to jail them for graft.
Legal observer Muladi said during a recent seminar in Jakarta
that rampant corruption in the regions likely stemmed from one of
two causes. First, councillors and prosecutors really do have
different understandings of what constitutes corruption. Second,
the councillors really are corrupt and are stealing the money for
personal gain.
It is likely that the first cause was behind a case in Bandung
where municipal councillors were accused of embezzling Rp 8.49
billion from the municipal budget between 2001 and 2002.
The case began when the councillors created a new budget item
in the municipal budget, which they called the "operational
post". This operational post was not mentioned in a government
decree on the financial regulations of legislative councils
(Government Decree No. 110/2000), and an anti-corruption activist
spotted the budget item. The activist accused the councillors of
embezzling money from the council budget, prompting prosecutors
to launch an official investigation.
The councillors, however, insisted they had done nothing
wrong. They said they needed the money to launch public campaigns
about crucial issues concerning the municipality. They also said
the budget item did not violate any laws or regulations.
They argued that Law No. 22/1999 on regional autonomy gave
them the freedom to create new items in the municipal budget, as
did several other regulations, including a council decree and a
ministerial decree on the financial management of legislative
councils. They said Government Decree No. 110/2000 was not the
only regulation on councils' financial management.
Despite these arguments, however, prosecutors are adamant that
the councillors should be prosecuted for violating the government
decree.
However, there have been numerous councillors around the
country who have been caught obviously enriching themselves
through corruption.
Councillors have made up budget allocations to get additional
money from the regional budget. They have misused state funds by
allocating money for fictitious programs. Others have applied for
insurance through the councils and then used the money to make
house payments.
Muladi said prosecutors must be careful in distinguishing
between corruption and simple misunderstandings. Prosecutors
should scrutinize all laws and regulations while investigating a
corruption case, and not simply rely on Government Decree No.
110/2000.
And if councillors are found to have committed corruption,
prosecutors can level charges against them using the anti-
corruption law, he said. But if they are only guilty of
administrative mistakes, they should only receive administrative
sanctions.
In order to end the confusion over the legal regulations
governing the financial management of legislative councils,
provincial and regency prosecutors' offices have conducted
several workshops for councillors. During these workshops,
councillors are briefed on what is and is not corruption.
Helping the councillors better understand these differences is
important, but even more important is monitoring and preventing
councillors from embezzling state money. Had a non-governmental
organization in West Sumatra not reported corruption at the
provincial council to the prosecutor's office, it is likely the
councillors would have got away with stealing the public's money.
Constant monitoring is needed as corruption in regional
councils has seemingly reached epidemic levels. As of August of
this year, hundreds of councillors from 29 provincial, regency
and municipal councils were being investigated for graft, with
dozens of councillors already convicted and sentenced.
According to Sudhono, the amount of money stolen by corrupt
councillors could reach trillions or rupiah.
Selected provincial/regency/municipal councils where council
members have been investigated or prosecuted for graft in 2004
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Region Alleged Sum Involved Status
Sidoarjo, East Java Rp 21.9b (US$2.4m) convicted
Makassar, South Sulawesi Rp 18.23b suspects
Manado, North Sulawesi Rp 9.6b suspects
Kampar, Riau Rp 1.13b suspects
Cirebon, West Java Rp 1.3b suspects
Lampung Rp 23.5b suspects
Padang, West Sumatra Rp 10.4b suspects
West Sumatra Rp 6.48b suspects
Kendari, Southeast Sulawesi Rp 1.9b suspects
West Nusa Tenggara Rp 24.2b suspects
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From various sources