Erwida Maulia, Jakarta – While new Corruption Eradication Commission (KPK) leader Busyro Muqoddas was taking his oath to chair the anti-graft body for the coming year, groups were filing a request for a judicial review in order to extend his tenure.
Activists from the Indonesian Legal Aid Institute (YLBHI) and Indonesia Corruption Watch (ICW) said that a misinterpretation of articles in the 2002 Law on the KPK had allowed frequent changes of leadership, and could have the potential to weaken the graft busting body.
"This is our effort to fight the judicial mafia and corruptors who have breached law enforcement institutions like the KPK," YLBHI deputy chair Alvon Kurnia Palma told The Jakarta Post.
Alvon said Busyro's appointment at the House of Representatives and the decision to inaugurate him for only one year had wasted state money.
The 2002 Law on the KPK mandated four-year terms for five KPK leaders, but failed to clearly specify the term for a replacement leader.
Legislators appointed Busyro last month to fill the empty KPK chair's seat after its former leader Antasari Azhar was put on trial for murder. Antasari was convicted in 2009.
The House did not fill the empty seat with another KPK leader as that was deemed to violate government regulations.
President Susilo Bambang Yu-dhoyono inaugurated Busyro on Monday as the new KPK leader, along with seven newly elected members of the Judicial Commission. Busyro said he would not get involved in politics, including any State Palace interests.
"The parameters [of a case] are actually very simple. If there is enough evidence, then we prosecute. There will be no political agenda from me or my colleagues at the State Palace," he said after his inauguration.
Busyro said his success at eradicating corruption would also depend on other parties, including his colleagues at the KPK, the media and the public.
The terms of office of the other four KPK leaders – Chandra M. Hamzah, Bibit Samad Rianto, Mochammad Jasin and Haryono Umar – will end on Dec. 18, 2011.
Chandra and Bibit had been involved in an alleged corruption case, but the Attorney General's Office recently announced the case's dismissal. Speculation was rife that the case was also an attempt to weaken the KPK by corrupt political elites.
Long before the House voted to elect the new KPK leader to take over Antasari's remaining term, many argued it would be better to elect a new KPK leader for a full four-year term.
Alvon said House members should not have based their judgments on a "collective and collegial" approach. As stipulated in one of the articles in the KPK law, the four deputy KPK leaders and one chairman should work collectively.
"But, their decision to have a one-year tenure also contradicts their 'collective and collegial' approach because the mechanism will not be concurrent with the current tenure for the other four leaders," he said.
Alvon said the same thing would also happen with four-year tenure, although it is more effective in combating corruption.
Emerson Yuntho from the ICW said there would be potential conflicts from such a misnomer. "False interpretations of articles of the law possibly violate the Constitution," he said.
Emerson said the Constitutional Court should decide soon on how to interpret KPK leaders' terms of office.
"The Constitutional Court must be rigid in this matter because the selection process has used up a lot of money," he said.
Alvon added the judicial review they filed was not in vain. "Don't worry. A judicial review like this is not a waste of time," he said, adding that it was part of a long-term investment in fighting corruption. (ipa)