KPK's credibility on the line

KPK's credibility on the line

The Jakarta Post, Jakarta

The powerful Corruption Eradication Commission (KPK) will prove
to be powerless if President Megawati Soekarnoputri refuses to
comply with the commission's order to dismiss Aceh Governor
Abdullah Puteh, legal experts and activists say.

They also warn that Megawati's refusal would also undermine
the government's campaign against corruption, which has been
blamed for pushing the country to the brink of bankruptcy.

"People have put high hopes in the KPK to eradicate rampant
corruption in the country, but the commission will not be able to
work effectively without political support from the government,"
said legal expert Luhut MP Pangaribuan.

The powerful KPK ordered President Megawati on Monday to fire
Puteh after he ignored two summonses by the commission, which is
investigating his role in the purchase of a Russian assault
helicopter in 2001.

The commission has declared Puteh a suspect for allegedly
marking up the price of the helicopter, causing the state to lose
Rp 4 billion (US$5.4 million).

Megawati said on Tuesday that she would look into the details
of Puteh's corruption charge before deciding whether or not to
fire him.

Luhut said the war against corruption would succeed only if
the government threw its weight behind the commission, which was
set up by the government and the House of Representatives to lead
the country in eradicating corruption after both the police and
the Attorney General's Office failed to do the job.

Lucky Djani, deputy chairman of Indonesia Corruption Watch
(ICW), shared Luhut's opinion, saying that Megawati would tarnish
the reputation of the commission should she refuse to comply with
its instruction.

"The KPK is considered the last bastion against corruption.
The President will kill it if she refuses to abide by its
instruction," he said.

According to Lucky, anticorruption activists were confused by
Megawati's response to the instruction.

"She seems to be buying time. Why? It's actually a good time
for her as a presidential candidate to secure public support," he
said.

Legal Aid Institute (LBH) chairman Munarman said Megawati
would risk violating the Constitution which, among other things,
requires her to uphold prevailing laws, including Law No. 30/2002
on the KPK.

"Ignoring the KPK can be seen as violating the Constitution,"
Munarman said. Violating the Constitution warrants impeachment.

Authority of the KPK according to Law No. 30/2002

Article 11

The KPK has the authority to investigate and prosecute corruption
cases:

a. involving legal institution members, state officials and
others connected with corruption through legal institution
members or state officials

b. attracts public attention

c. causes state losses of at least Rp 1 billion

Article 12

In conducting the investigation and prosecution, the KPK has the
authority to:

a. tap conversations

b. order travel bans

c. obtain information from banks and other financial institutions
about the financial condition of suspects or defendants

d. order banks and other financial institutions to freeze the
accounts of suspects, defendants or other relevant parties
allegedly containing funds derived from corruption

e. order the supervisors of the suspects to suspend him/her from
his/her position

f. obtain financial and tax reports of the suspects or defendants
from relevant institutions

g. suspend a financial transaction, trade transaction or other
agreement, and suspend permits and concessions owned by the
suspects or defendants due to preliminary evidence involving
corruption

h. instruct the country's Interpol or foreign law enforcement
institutions to search and arrest someone and seize evidence
abroad

i. instruct the police and other relevant institutions to arrest,
detain, raid and seize evidence in corruption cases.