The government and the People's Representative Council (DPR) moved to pave the way for weakening the KPK. In less than two weeks, five new leaders of the Corruption Eradication Commission (KPK) were elected and the revision of the KPK Bill was passed into law without hearing and involving the anti-graft agency.
The mockery by a member of the House of Representatives (DPR), Arsul Sani, over the attitude of the leadership of the Corruption Eradication Commission (KPK) for the 2015-2019 period towards the revision of Law Number 30 of 2002 is more than enough to create a row of empty seats in the plenary room of Nusantara II Building in Senayan, Jakarta. Of the 560 DPR members, the plenary meeting of 5 KPK leaders for the 2019-2023 period was elected, namely Firli Bahuri, Alexander Marwata, Lili Pintauli Siregar, Nawawi Pomolango and Nurul Ghufron attended by only 299 people.
"Hopefully (the elected KPK leadership) will consistently be the leader for 4 years. Don't be in the middle of the road to return the mandate to the president, "said the United Development Party (PPP) politician Asrul Sani, greeted boisterously by the session participants.
The statement by the United Development Party (PPP) politician referred to the attitude of the three KPK leaders for this period, Agus Rahardjo, Laode M. Syarief and Saut Situmorang, who handed over the mandate to eradicate corruption to President Jokowi Widodo. This was triggered by the KPK leadership amid pressure to discuss the revision of the KPK Law, including the results of the KPK leadership selection process in the next four years.
President Jokowi was previously willing to discuss the revision of the KPK Law with the DPR, even though the term of office of the 2014-2019 council members will end this September. The President's letter (Surpres) regarding Jokowi's approval was given to Senayan on Wednesday, September 11, 2019 after the government revised the DPR version of the KPK draft list (DIM). From the records received Jaring.id, there are 287 DIMs that will be discussed by the government-DPR. Of the hundreds of DIMs, 22 articles were deemed to need editorial clarity and 41 other articles became the main problem.
In this case, President Jokowi has assigned the Minister of Law and Human Rights, Yasonna H. Laoly and the Minister of Administrative Reform and Bureaucratic Reform, Syafruddin to discuss a number of issues. Among other things related to the issuance of an order to cease investigation (SP3), the position of the KPK in the executive power clusters, the personnel system, wiretapping and the formation of the KPK Supervisory Board (Dawas).
At the DPR Legislation Body Working Meeting last night, September 16, 2019, the government and DPR agreed to bring the revision of the KPK Law to the Deliberative Council (Bamus) so that it could be ratified at the Plenary Session. One of the approved revision points is Article 37E, where the appointment of the KPK Dawas crew is in the hands of the president. This is related to the position of the KPK which is in the executive realm, even though the institution is independent and not under the government.
The chairman of the KPK, Agus Rahardjo admitted that he had never been involved in the discussion of the revision of the KPK Law, even though he had not received the revised draft from either the government or the DPR. Agus revealed that Menkumham, Yasonna Laoly had promised a meeting to discuss the KPK Law. But the meeting was nevertheless held.
"The Minister said he would be invited later. But if we read Kompas this morning, there is no need for consultation with many parties, including with the KPK, "said Agus on September 13, 2019.
In addition to the revision of the Corruption Eradication Commission Law, anti-corruption institutions also question the integrity problem of elected KPK leaders. On September 11, 2019, the KPK exposed the serious ethical violations committed by Firli Bahuri when he served as KPK Investigation Director. The serious violation was related to Firli's meeting with the former Governor of West Nusa Tenggara (NTB) Tuan Guru Bajang Muhammad Zainul Majdi. In fact, the KPK Law prohibits employees from meeting parties suspected of committing corruption. TGB Zainul Majdi is suspected of being involved in corruption in the Newmont divestment in May 2018. Meanwhile, another leader who was also elected with Firli, Alexander Marwata, revealed that Firli was dismissed with honor. Regarding the resistance of KPK employees, Arsul Sani hopes that the leadership brand new The KPK is prudent when facing resistance from anti-graft agency employees.
"In the KPK building, many of our friends are still resistant to Mr and Mrs as KPK leaders," said Arsul in the middle of the DPR Plenary Meeting.
In the fit and proper test (fit and proper test) before the DPR Commission III, Firli had assured that he would embrace all parties in the KPK when he was elected as leader.
"Close to your friend, but closer to your enemy, "Said Firli at that time.
After the plenary determination of the DPR, the incumbent KPK leadership, Alexander Marwata casually responded to the frenzy of rejection of the new KPK leadership. Alex considered it natural for the public to doubt the composition of the current leadership. He admitted that he would answer these doubts with a good performance.
"Previously (KPK Volume IV) when another leader was elected, the community was also doubtful. It seems that every election is always in doubt, but we will see whether it is performing well or not. Hopefully the people's doubts can spur us to work, ”said Alex at the DPR, Monday, September 16, 2019.
Alex's tone suddenly changed when he was asked about the maneuvers of the KPK Employees Council (WP). Alex considered that WP was no longer running according to the corridor. In Article 16 (2) of Government Regulation Number 63 of 2005 concerning the Corruption Eradication Commission's Human Resource Management System, the WP functions as a space for employees to accommodate and convey aspirations to the leadership. Meanwhile, the current KPK WP, according to Alex, has deviated from this function because he has talked too much about the internal matters of the KPK. In his future leadership, Alex said that he would rearrange the space for employee organizations.
"We will put it in the position it should be. In the future, we will regulate who can speak on the institution. It would be troublesome when everyone talks, ”said Alex.
Nelangsa in Kuningan Persada 4
Despite opposition from various parties, the DPR Plenary Meeting chaired by Fahri Hamzah finally passed the KPK Bill into Law on Tuesday, September 17, 2019. Seven factions approved the revision of the KPK Law, the Gerindra Faction and the PKS gave notes on the formation of the Supervisory Board, while the Democratic Faction had not argue.
"Is the second level discussion, the decision making of the Bill on the Second Amendment to Law Number 30 of 2002 the Corruption Eradication Commission can be approved to be passed into law?" asked Fahri.
"Agreed," answered in unison the number of members of the DPR, which only numbered dozens of people.
Based on the head calculation (headcount), it was recorded that only 80 members attended the plenary meeting. However, the chairperson of the trial Fahri Hamzah continued the agenda of ratifying the KPK Law because he thought that 289 of the 560 DPR members had signed the attendance list at the trial.
Previously in a separate location, a senior KPK investigator, Novel Baswedan, expressed his anxiety about the fate of the anti-graft commission in the future. According to him, the current revision of the KPK Law is not urgent. If the President is still insisted revising the law, then it will dampen the anti-corruption spirit not only within the KPK, but also among activists, academics and the public.
"If the leadership of this country, the DPR and the president do not want to eradicate corruption anymore, I don't think the KPK needs any more. What is the KPK for? " Novel questioned the attitude of the president and DPR when he met Jaring.id on September 13, 2019.
Novel has highlighted many things from the draft KPK Bill, particularly in relation to granting the authority to stop investigations (SP3), the formation of the Supervisory Board and the wiretapping mechanism. For Novel, the issuance of SP3 would in fact open the door for outside intervention in the independence of the KPK. Moreover, until now, the KPK is still developing a number of major cases, including cases of corruption in the provision of SKL for Bank Indonesia Liquidity Assistance (BLBI), as well as cases in the oil sector.
"Why in the past the KPK Law did not give SP3 authority, the goal is that the KPK is careful in determining suspects," explained Novel.
Meanwhile, the existence of a supervisory board, according to Novel, is not needed by the KPK. Because the KPK has an internal supervisory mechanism through the Directorate of Internal Supervision. This directorate has the authority to supervise, as well as impose penalties on KPK leaders and employees who violate ethics. In addition, matters of financial management at the KPK are also supervised by the Supreme Audit Agency (BPK). While wiretapping is not carried out randomly by the KPK. Novel said that the KPK had strict standard operating procedures (SOPs) before tapping.
"The KPK always has the character of tapping law full. "Follow the provisions of the applicable regulations, both in the process (and) of the tools used," he said.
The investigator who has worked for almost 12 years at the KPK also highlighted the limitations on the source of recruitment for KPK employees and the status transfer of KPK employees. In the KPK Bill draft approved as an initiative of the DPR, KPK employees will become state civil servants (ASN), namely civil servants (PNS) and government employees with a work agreement (P3K). This work system, according to Novel, would actually undermine the independence of KPK employees.
"At the Corruption Eradication Commission, we still maintain politeness and ethics in an egalitarian work system. The boss cannot tell in essence or it must be this way. Everything must go with the system. If forced like this (to become ASN) I am worried that someday it will be done by giving orders, ”said Novel.
Chairman of the Corruption Eradication Commission, Agus Rahardjo did not deny the existence of unrest among KPK employees. He admitted that he was repeatedly asked by KPK employees about the contents of the revision being discussed at the DPR Legislative Body. However, he couldn't answer. This is because Agus was never involved in the discussion process for the revision.
"Hopefully we will be invited to speak, Mr. President, to explain the restlessness of all our employees and also the issues that we cannot answer to this day," he said.
The Civil Coalition Rejects the Revision of the Corruption Eradication Commission Law regrets the attitude of the government and the DPR which did not involve civil society in the revision of the KPK Law. Advocate of the Jakarta Legal Aid Institute (LBH), Pratiwi, urged President Jokowi to withdraw the presidential surpres regarding amendments to the KPK Law. Because the discussion of the bill took place without community involvement. Whereas Law Number 12 of 2011 concerning the Formation of Legislative Regulations (UU PPP) gives the public the right to know about the making of regulations. Moreover, the revision of the KPK Law is not included in the 2019 national legislation program (Prolegnas).
"If the revision of the KPK Law is passed, it is unconstitutional. It violates the principle of public engagement. The DPR is mandatory for the people, they are elected by the people, they should involve the public and listen to the people's voice, "said Pratiwi on the sidelines of the action rejecting the revision of the KPK Law and RKUHP in front of the DPR / MPR Building, Monday, January 16, 2019Abdus Somad)