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.