Danang Widiyoko

KPK is Too Conservative

VIVAnews - Five years had passed since the Corruption Eradication Commission (KPK) was founded. Since then, a number of state officials have been brought to court by the Indonesia's anti-corruption commission. Nevertheless, the Indonesian Corruption Watch (ICW) believes that the Commission still has considerable homework to do. VIVAnews interviewed Danang Widoyoko, Vice Coordinator of ICW to discuss the issue.  

In your opinion, what is the most urgent thing that the Commission should or must do?

The Commission should concentrate its efforts on law enforcement. This is the key aspect that differentiates the KPK with other law enforcement agency in Indonesia. They should allocate enough resources for this purpose. If the Commission has decided to adopt the UNCAC [United Nations Convention against Corruption] draft, then they should allocate 70 percent of their total budget for law enforcement. Currently the Commission only spends 9 percent of their total budget for law enforcement and prevention. Most of their funds go into administrative expenses.   

What about major cases?

The Commission should concentrate its resources on major cases, not just minor ones. Today, the Commission does not have enough resources for it. If we tolerate this situation, then the Commission and its investigators will be overloaded. If the KPK maintains this policy, I'm afraid the people would think that the Commission is discriminatory.

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There are plenty of major cases, for instance, the money from the Bank of Indonesia that went to several law enforcers and the suspected bribery reported by former House member, Agus Tjondro. Up until today, the Commission had only been investigating one case involving law enforcer, which is the Urip case and they suddenly stop investigating. While, unfortunately, this is one particular area that needs to be worked on by the Commission.         

How should they go about doing that?

First, they should do it by enhancing law enforcement coordination at the regional level. Currently, almost everyone go to KPK because they don't trust their local law enforcement. Take for example the Regent of Situbondo, Ismunarso, whose case was recently taken over by the Commission (The KPK has confirmed that he was the prime suspect over the misuse of local budget in the amount of Rp 45.7 billion). Previously, the case was investigated by Situbondo's local enforcement. The policy is good, but if there are too many cases like this, the Commission will find it difficult to investigate major cases.   

In your opinion, how has the performance of the Commission been in law enforcement?

There are some inconsistencies. Take for example, the Commission's effort to investigate foreign debt assistance in 2009. They are breaking their own promises. A couple months ago, Antasari Azhar, the Chairman of the KPK mentioned that in 2009 his agency will monitor foreign assistance. According to him, there are huge potential of state losses in it.

The Commission has also changed its paradigm in investigating corruption. They are too preoccupied with investigating bribery and misuse of government fund. These are conservative cases. I really hope that the Commission will abandon such conservative approach, and begin to investigate the financial sector, for instance. True, it will take time. However, the Commission should begin the effort to investigate rather sophisticated cases. Of course, they are quite complicated, but still it is not an impossible thing to do.     

Could you give an example?

Take for example the Hong Kong's anti corruption commission. At first, they only focused on law enforcers, which in this case were the police. However, they are currently investigating the financial sector. The capital market has the potential to inflict major losses to the state.

Take for example the Asian Agri case which is currently under investigation by the Directorate of Tax and soon will be handed over to the General Attorney Office. The KPK doesn't have to limit themselves to bribery cases. Tax fraud typically occurs with the help of tax officers. 

True, the Commission was already investigating several financial sector cases. For example the Indonesia's central bank (BI), as well as the recent illegal logging cases, even though it still focus on corruption aspects, as with the case involving the Regent of Pelalawan which the head of Riau Regional Police has closed. Currently the Commission is investigating this case. However, it is possible for the Commission to elaborate this. The formulation of corruption would definitely change.  

Could you give another example?

In ICW's opinion, it is possible that during the 2009 elections, another type of corruption will emerge. We called it investment corruption. In such cases, the money may not be handed over directly. Take for example businessmen who donate a large amount of money for the elections campaign. The potential for corruption may appear in the form of reward. It is possible that the presidential candidates or legislative candidates who accepted the donation will pass a policy that benefits the donor. For instance, the donor may be awarded a government project.  


Translated by: Edwin Solahuddin

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28 Maret 2024