New commission set to replace KPKPN
New commission set to replace KPKPN
Kurniawan Hari, The Jakarta Post, Jakarta
The government and House of Representatives (DPR) Commission II
for legal and home affairs concluded on Monday deliberations on
the bill on a commission for corruption eradication and agreed to
submit it to a House plenary meeting for endorsement later this
week.
Once promulgated into law, the government has to submit the
names of candidates to sit on the commission, which will replace
the existing Public Servants' Wealth Audit Commission (KPKPN),
considered to have been ineffective in rooting out and
eradicating endemic corruption in the country.
The new commission will have authority to investigate and
prosecute those suspected of involvement in corruption, while the
existing KPKPN, which has the authority only to investigate and
clarify the wealth of civil servants, would be incorporated into
the new commission under its corruption prevention section.
Reading out his faction's final position on the bill,
Patrialis Akbar of the Reform faction said that the commission
would replace KPKPN, which had no power to carry out action to
follow up corruption findings, while Akil Mohtar of the Golkar
faction stressed that KPKPN was able only to publish the wealth
of state officials in the mass media.
Article 8 of the bill says that the new commission will have
authority to take over the investigation and prosecution being
handled by the Indonesian police and the Attorney General's
Office if it is deemed the two law enforcement agencies have
failed to discharge their duties.
Under the same article, the police and the Attorney General's
Office have to hand over the suspect, evidence and related
documentation on a case within 14 days after the commission has
submitted its request.
Based on Article 69 (2), KPKPN will continue its functions,
duties and authority until the commission for corruption
eradication starts to operate.
All factions supported this clause, but spokesman of the
United Development Party (PPP) Zein Badjeber objected, saying
that the membership of KPKPN should be clarified within that
clause.
"Please note that my faction objects to this clause," said
Badjeber.
Minister for Justice and Human Rights Yusril Ihza Mahendra,
who represented the government in Monday's deliberations, said
that members of KPKPN would not automatically serve as members of
the new commission.
"Members of the new commission must meet the requirements. I
don't think all KPKPN members meet those criteria, " he added.
KPKPN has recently demonstrated its authority to compel state
officials to declare their wealth. Only recently the commission
summoned Attorney General M.A. Rachman, who had not declared his
luxury home in Depok, West Java, and deposits totaling Rp 800
million.
The investigation has greatly undermined Rachman's
credibility, prompting non-governmental organization activists to
call for his dismissal.
President Megawati Soekarnoputri has rejected the call
outright, saying that replacing the Attorney General would not
help the country's anticorruption campaign.
The new commission for corruption eradication will consist of
five members, four expert advisers and supporting civil servants.
The commission will work in four areas: prevention of
corruption, follow-up legal action, information and data,
internal monitoring and public reports.
Based on Article 34, the commissioners will not be allowed to
have contact with a suspect or other parties connected with a
graft case being handled by the commission.
The commissioners will not be allowed to handle cases in which
they have a blood relationship with investigated parties
stretching back up to three generations.
The commission members will not be allowed to take a position
in a company, foundation or cooperative.
Violation of Article 34 carries a penalty of five years
imprisonment.