IN-DEPTH ANALYSIS

Pansel KPK's Chosen Ones

The Selection Committee for leadership of the Corruption Eradication Commission (KPK) had submitted eight chosen candidates to President Joko Widodo (9/1). The selected candidates were grouped according to fields of KPK's duties and functions.

Two candidates are proposed in the each field, Saut Situmorang (State Intelligence Agency/BIN) and Surya Tjandra (Director of Trade Union Rights Center) for prevention, Alexander Marwata (Ad-Hoc Judge at Corruption Court) and Basaria Panjaitan (Police Brigadier General) for enforcement, Agus Raharjo (Head of State Procurement Policy Office/LKPP) and Sujanarko (Director of Inter-Commission Network Development Cooperation in KPK) for management, as well as Johan Budi SP (Interim Commissioner of KPK) and Laode M. Syarif (Law Lecturer at Hasanuddin University) for supervision and monitoring.

Despite a statement by Destry Damayanti, Chairwoman of Pansel KPK, ensuring that these eight names that were submitted to the President have no criminal records, Indonesia Corruption Watch (ICW) noted that at least three candidates should not have passed the interview selection due to questions about their integrity, commitment to anti-corruption, and commitment to KPK's own future existence.

These points were apparent from the candidates' own statements during the interview. For instance, a candidate expressedly intended to reduce KPK as merely information center about corruption, openly disagree with the efforts for KPK to have independent investigators, and opposing KPK's enforcement authority. There was also a candidate who gave four dissenting opinions in verdicts of corruption cases, all of which were proven guilty by the Supreme Court.

On scrutinizing the State Official Wealth Report (LHKPN) of candidates serving as public officials, two candidates were found to have unexplained assets that doesn't fit their position, whereas LHKPN is a standard indicator of integrity for a public official – to confirm that an official's wealth and assets correspond between the reported and the actual. If an official can't even report her/his wealth and assets with integrity, how would s/he perform in a public office?

After receiving the eight names, President Jokowi ensured to directly forward the names to the House of Representatives (DPR) for fit and proper tests. DPR have three months to schedule when the fit and proper tests will take place. Aside from the eight names, DPR will also include Busyro Muqqodas and Robby Arya Brata among the candidates to be chosen. Both candidates had already went through fit and proper tests last year in December 2014. From a total of 10 names in DPR's pool, the parliamentarians will select 5 names to lead the next chapter of KPK, chapter IV.

The process in DPR is one of political battle. Past experience suggest that DPR tend to pick 'weaker' candidates. Because a line-up of KPK leaders who are brave enough to crackdown on high profile cases implicating state officials will disrupt their established political networks. Is there a chance that DPR would rectify their image, and endorse independent candidates without conflicts of interest. Or would it be otherwise? One thing for sure, the public must continue to be vigilant and watch the entire selection process to ensure that selected commissioners will support the corruption eradication movement, and not weaken KPK instead.***

A Commotion at Bareskrim

This week, there was commotion at the Police Force of the Republic of Indonesia (Polri). Before Budi Waseso (Buwas) was eventually reassigned, rumor spread that Chief of Police Criminal Investigation Unit (Bareskrim) was to be discharged since he was considered to be interfering or hampering economic development efforts.

Inevitably, the rumor garner huge reaction at the public space as well as the political space. In the political space, the support to keep Buwas at his post came pouring from politicians. From ruling PDIP members like Trimedya Panjaitan and Masinton Pasaribu, as well as their opposing coalition at PKS, Fahri Hamzah. They insist discharging Buwas would relate to the cases he's handling, including alleged corruption of in PT Pelabuhan Indonesia II (crane procurement) and in Pertamina Foundation.

On the contrary, in public space the Chief of Bareskrim (Kabareskrim) is highly antagonized, especially by netizens. They candidly demand his discharge. This is evident from the 19,546 petitioners calling for discharge of Budi Waseso. The petition was initiated by members of the Civil Society Coalition (KMS) for Anti-Corruption, Dahnil Anzar Simanjutak and Ray Rangkuti.

KMS Anti-Korupsi offered several arguments about their demand to discharge Buwas. First, his appointment as Kabareskrim was questioned by many from the outset. In fact, the transfer of baton ceremony from previous Kabareskrim Suhardi Alius to Buwas took place quietly, notwithstanding it was in public interest to thoroughly reveal all considerations behind his appointment in such a strategic office.

The transition from Suhardi Alius to Budi Waseso became a topic of public chatter since Suhardi was not merely replaced, but cast-off to the dead-end National Resilience Institute (Lemhanas) as First Secretary.

Second, KMS consider Buwas as the investigation 'engine' on a number of criminalizing efforts against KPK commissioners and investigators. The public plainly see this strategy as part of the effort to dismantle KPK. Furthermore, the criminalization strategy also target a number of KPK's strident supporters, including Deputy Minister of Law and Human Rights (Wamenkumham) Denny Indrayana, Judicial Commission (KY) commissioners, and Indonesia Corruption Watch (ICW) activists.

Third, ever since he was appointed 8 months ago in January 19, Buwas produce more controversies rather than accomplishments. So far, his pandemoniums include, among others, arresting KPK commissioner Bambang Widjojanto, naming another KPK commissioner Abraham Samad as suspect, investigating 21 KPK investigators on ownership of firearms, naming Denny Indrayana as suspect, taking over the case about alleged corruption by Budi Gunawan from KPK before terminating the case, refusing to submit a State Official Wealth Report (LHKPN), denying any engineering in naming KY commissioners Suparman Marzuki and Taufiqurrahman Syahuri as suspects, and naming a candidate of KPK commissioner as suspect. (Ref: Koran Tempo, 3/9).

And fourth, Buwas cannot claim exclusive role in corruption eradication efforts at Bareskrim. The Unit has a Corruption Crimes Directorate (Dirtipikor) which has been working hard long before he was appointed. Before Buwas became Kabareskrim, this directorate had already processed high profile corruption cases involving heads of regions, such as former Regent of Merauke (Johanes Gluba Gebze, Regent of Maybrat (Bernard Sagrim), Regent of Rembang (M Salim), and many others. It is widely known that Dirtipikor is operated by police investigators who were previously assigned at KPK. This means Bareskrim will excel at eradicating corruption, with or without Buwas.

If it's true that the office of Kabareskrim was reassigned only because it interferes with the government's efforts in economic development, then truly, Jokowi's administration failed to take into account other factors that are just as essential – namely law enforcement and corruption eradication.

In order to prevent all his blunders from repeating, the new Kabareskrim must evaluate Buwas' performance during his almost 9 months in office. Particularly, the somewhat forced investigation on immaterial cases. Bareskrim also need to create a scale of priority in handling big / strategic cases and avoid pursuing trivial cases, like libel or defamation.

Lastly, it is important to note, that Budi Waseso's reassignment as Chief of the National Narcotics Agency (BNN) would be more appropriately designated as a promotion, because, in terms of structural order, Buwas now answer directly to the President.***

WEEKLY SUMMARY

Monday, August 31, 2015

• The Selection Committee for leadership of the Corruption Eradication Commission (KPK) had selected eight candidates and guaranteed that these names have no past legal quandaries that can criminalize any member of the future fourth chapter of KPK leaders.
• The House of Representatives (DPR) expect to hold fit and proper test for KPK commissioner candidates in mid-October to select four of the submitted eight names.
• Chairman of DPR in 2004-2009, Agung Laksono, and Chairman in 1999-2004, Akbar Tandjung, asked DPR to drop their plan to construct new Rp 1,6 trillion Parliament Compound project.

Tuesday, September 1, 2015

• Police and Attorney General Office are represented among eight KPK commissioner candidates submitted by the Selection Committee for KPK leaders (Pansel KPK) to President Joko Widodo.
• President Jokowi will not intervene or veto Pansel KPK's results. Instead, he will directly forward the eight proposed names for KPK leadership to DPR.
• KPK will participate in monitoring procurement tenders organized by the Electoral Commission (KPU) in order to ensure a smooth proceedings of the simultaneous local leaders election.

Wednesday, September 2, 2015

• ICW asked President Jokowi not to endorse three among eight KPK commissioner candidates whose track records shows lack of integrity, commitment to anti-corruption movement, and commitment to KPK's own existence.
• The future of KPK is now in the hands of DPR. The KPK commissioner selection in Commission III of DPR will decide the future and direction of the new KPK.

Thursday, September 3, 2015

• Factions in DPR have begun inquiries into the track records of the eight KPK commissioner candidates and initiated political lobbying while they wait for the President's official letter to request fit and proper test for the candidates in DPR.
• Civil Society Coalition for Anti-Corruption is pushing Pansel KPK to facilitate signing of a pact of integrity by candidates to declare that they will not approach political parties or participate in lobbying. The pact is necessary to ensure independence of Commission III in choosing KPK commissioners.

Friday, September 4, 2015

• ICW questioned the follow-up to cases that were handled by Police Chief of Criminal Investigation Unit (Bareskrim), Budi Waseso, since none of the high profile cases have been processed in court.
• DPR members questioned Pansel KPK's choices for eight commissioner candidates. They consider Pansel's choices to be short of expectations.
• Advisedly, disputing parties should first try to resolve cases related to news and media using the press dispute settlement mechanism at the Press Board, as regulated in Law No 40/1999 about the Press.

KEY DEVELOPMENTS

August 31

• Eight KPK leader candidates are not criminal suspects pursued by Bareskrim
• KPK question two police officers as witnesses in the 2011 simulator procurement at the Traffic Corps (Korlantas)
• President wants quick results in port mafia wipe out
• KPK obtained two evidence in alleged corruption of hajj funds by Suryadharma Ali

September 1

• Pansel KPK submit 8 candidate names to President's
• Suryadharma Ali's case implicate several politicians, including members of DPR, Commission VIII
• Suryadharma Ali used Rp 1,821 billion of minister's operational fund for personal

September 2

• DPR to construct a 10,000 capacity modern hospital project
• Bareskrim searched office of Pertamina Foundation in alleged corruption of CSR funds
• Court trial for corruption suspect in procurement of 16 electric cars to take place soon

September 3

• Yogyakarta Coalition for Anti-Corruption said some of 8 proposed candidates for KPK are politically-aligned
• Case file for Abraham Samad is complete and due for prosecution
• Case files for Empat Lawang Regent, Budi Antoni Aljufri, and wife, Suzanna, are complete and due for prosecution

September 4

• Bareskrim named one suspect in alleged corruption of crane vehicle procurement at PT Pelabuhan Indonesia II
• Contribution fee from all regional office and working units (SKPD) in Musi Banyuasin were used by Regent to bribe local councilmen