New anticorruption commission hailed
New anticorruption commission hailed
Tiarma Siboro and Fabiola Desy Unidjaja, The Jakarta Post, Jakarta
Analysts hailed the newly endorsed law on the establishment of a
powerful anticorruption commission as a breakthrough in the
drawn-out fight against corruption, rampant among public servants
and state officials.
Noted legal expert Achmad Ali and Indonesian Corruption Watch
(ICW) coordinator Teten Masduki said the legislation was really a
great leap in the national movement against corruption, but the
election of its members would be a crucial issue because its
effectiveness would partly depend on its composition.
"This is a major breakthrough, but to ensure the effectiveness
of such a commission we have to elect as its members people with
a high level of credibility in fighting corruption," Teten told
The Jakarta Post by telephone on Wednesday.
According to the law, the commission, which will have five
members, will have full authority to investigate all cases of
corruption involving state officials and prosecute them in court.
Achmad Ali, also a senior lecturer of Makassar-based
Hassanudin University, underlined the importance of public
participation in the election of independent figures to sit on
the commission.
"Should the President and the House of Representatives fail to
follow these criteria, I doubt whether the bill -- which, in
reality, is good enough -- will be effective," Achmad Ali told
the Post.
The law, which has yet to be enacted by the President, grants
the commission authority to obtain information, arrest suspected
corruptors and seize anything necessary to carry out their
investigation.
Besides, the commission also has authority to examine bank
accounts, prohibit corruption suspects and ask for the suspension
of state officials suspected of corruption of Rp 1 billion (US$
1111,000) or more.
The commission will also be allowed to take over existing
corruption cases being dealt with by the police or the attorney
general's office.
The law requires all commission members to have a wide
knowledge of the law and a minimum of 15 years' professional
experience in the legal field.
Regarding prosecution, the law refers to Law No. 20/2001 on
corruption, which allows for a reversal in the burden of proof in
corruption cases.
The cases to be handled by the commission will be taken to an
ad hoc court, with a panel of three ad hoc and two career judges.
Achmad also mentioned that to keep the commission clean, its
members and staff would have to be paid salaries sufficient to
ensure the welfare of their families.
Both analysts were of the opinion that the commission would
represent a challenge to the police, the attorney general's
office and prosecutors in investigating corruption cases.
"Many doubt that the commission's tasks will overlap with the
tasks carried out by the police and prosecutors. But to me, the
need for the commission simply indicates the failure of these two
institutions," Achmad, also a member of the National Commission
on Human Rights (Komnas HAM), said.