Public Official Impunity à la Jokowi

After nearly one year of Joko Widodo (Jokowi) and Jusuf Kalla (JK) administration, the fight against corruption is facing new challenges. For the sake of speeding up strategic projects, the government will soon protect their ranks from corruption allegations.

If they have their way, any public official who makes an 'administrative' offense, even effecting certain state loss, will be protected from criminal charges. These offenses will only be settled with administrative sanctions. Minister of Administrative and Bureaucratic Reforms, Yuddy Chrisnandi, explained that the regulation was designed to provide a safety net for public officials and civil servants.

Based to publicly circulated information, the government will not merely prepare a Government Decree (PP) about Procedures of Administrative Sanctions for Public Officials, but also prepare a Presidential Decree (Perpres) and a Presidential Instruction (Inpres) about Acceleration of National Strategic Projects Implementation.

Between the lines of these three drafts of regulation, there are a number of crucial points that threaten future corruption eradications efforts. First and foremost, these regulations will provide huge discretions for Ministers, Heads of Government Offices, Governors, as well as Regents and Mayors. Such discretion is considered as a necessary measure to overcome the hurdles and difficulties in the name of implementing 'Strategic Projects'.

Second, these regulations will turn several offenses that can be pursued with criminal sanctions as defined by the Law on Corruption Crimes to be treated as administrative offenses instead. This will apply anytime a public official misuse her/his authority and make a policy or take any action that have a potential conflict of interest or effecting state loss, damaging national economy, and/or harming the environment.

Three, there will be restricted space for the Police and Attorney General Office (AGO) to enforce law on corruption cases. The Inpres will require the Police and AGO to prioritize government's administrative process before processing any report on alleged corruption, including to prevent publication of case investigation. Whereas during the last couple of months, both the Police and AGO have been publicly challenged to improve their performance in eradicating corruption and provide public information, calls that they have ignored up to this point.

Four, these regulations impose a government position that neglects criminalization against anti-corruption fighters. Such criminalization charges have been directed at Judicial Commission (KY) commissioners, former deputy minister of law Denny Indrayana, as well as anti-corruption activists. Until today, the criminal charges against non-active commissioners of the Corruption Eradication Commission (KPK), Bambang Widjojanto and Abraham Samad, continue unabated at the hands of AGO. Even after the public and public figures from all corners, including academics and women groups, have repeatedly call on Jokowi to stop the ignominy.

The schemes devised by these regulation demonstrate how the government will provide impunity to any potential abuse of power within their ranks. If Jokowi's Administration is true to nawacita, his campaign programs, then fittingly, he should call off any intention and discourse and implement regulations that would jeopardize future corruption eradication efforts.***

WEEKLY SUMMARY

• antikorupsi.org/Z5Q - Law students form Universitas Diponegoro discuss anti-corruption subjects at ICW.

• antikorupsi.org/Z5M - Public defiance against revision of the KPK Law continues.

• antikorupsi.org/Z5g - 150 women who joined the Indonesian Anti-Corruption Women (PIA) called on President Joko Widodo to stop criminalizing case against Bambang Widjojanto.

• antikorupsi.org/Z5Y - Six problems caused by corruption have direct impacts on women.

• antikorupsi.org/Z5f - In commemoration of the World Anti-Corruption Day, Orkes Moral Pancaran Sinar Petromaks (OM PSP) will participate in the second compilation album Mousetrap Frequency (Frekuensi Perangkap Tikus) to be released by ICW.

• antikorupsi.info/Z5x - ICW launched the website rekamjejak.net to assist the public in monitoring the profiles, business, and mandates of parliamentarians.

• antikorupsi.info/Z5P - ICW sent protest letters to the Police and Attorney General Office after demands for public information about corruption cases were ignored

STATUS UPDATES

October 12

• The Attorney General Office (Kejagung) have yet to decide what move to take regarding the case of Bambang Widjojanto.

• Six members of the Provincial Representative Council (DPRD) in North Sumatera return money that was alleged as bribery related to deliberation of local budget (APBD) to the Corruption Eradication Commission (KPK).

October 13

• Corruption Crimes Investigator from the Resort Police of Badung handed over two case files on first stage in an alleged embezzlement of Special Fund Support (BKK) for Bali and Routine Fund Support for Badung Regent Administration in 2014.

• Deputy Governor of North Sumatera, Tengku Erry Nuradi, was subjected to questioning at KPK in the bribery case for judges and clerks at Medan Administrative Court.

• Suspect in alleged corruption of Brawijaya Bridge development project which cost Rp 66 billion in early 2013 had returned to post as Chief of Public Works Office in Kediri.

October 15

• Yogyakarta Corruption Court judges gave light sentence for two corruption suspects of grant fund for Persiba Bantul football club.

• Case files of four suspects in the alleged corruption of East Java Election Supervisory Board (Bawaslu) grant fund had been completed.

• KPK named Secretary General of the National Democrat Party (Partai NasDem), Patrice Rio Capella, as a suspect who allegedly received money related to case treatment at national and provincial Attorney General Office.

October 16

• KPK named two suspects from the Ministry of Transportation in the alleged corruption of Sailing Education and Training Center building development project in Sorong, Papua.

• Attorney General will continue to pursue legal process against non-active Deputy Chairman of KPK, Bambang Widjojanto

• Jakarta Corruption Court decided to return case files against former Head of Sabang Regional Concession Zone, Teuku Syaiful Achmad, to KPK after he suffered from permanent stroke.

• Patrice Rio Capella was questioned by KPK in corruption of Social Aid Fund (Bansos), Regional Support Fund (BDB), School Operational Aid (BOS), Profit Sharing Arrearage (DBH), and Capital Inclusion in several State-Owned Companies (BUMD) of the North Sumatera Provincial Administration.