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2010 Review: Challenges for Indonesia's new graft busters

Source
Jakarta Globe - December 27, 2010

Nivell Rayda – The last year saw the appointment of three new law enforcement czars, each facing the daunting task of restoring the credibility of their respective agencies and winning back public trust.

Busyro Muqoddas

Many people lauded Busyro's appointment to lead the much-vaunted Corruption Eradication Commission (KPK) this year.

Busyro built a reputation as a graft buster during his time as chairman of the Judicial Commission, and his modest personal fortune suggests he is as clean as they come.

The jubilation, however, was cut short after the House of Representatives announced that Busyro would only serve a one-year term, acting as a mere replacement for disgraced former KPK chief Antasari Azhar, who is serving a lengthy prison sentence for murder.

Critics contend that one year is far too short for Busyro to boost morale within the KPK, which plummeted following Antasari's arrest and the protracted legal limbo in which two of the agency's deputies, Bibit Samad Rianto and Chandra Hamzah, are ensnared.

Arguably, Busyro's biggest challenge is to restore the KPK's reputation for being a feared and respected institution, as the nation struggles to improve its global antigraft credentials in the annual Transparency International survey.

"In the past, people walked out trembling after being questioned by KPK investigators," a source inside the commission said.

This year, though, the KPK couldn't even take a firm stand against businesswoman Nunun Nurbaeti Daradjatun, who has evaded numerous summonses, citing fantastic and improbable health reasons.

Nunun is believed to be the go-between in a Rp 24 billion ($2.7 billion) bribery scandal linked to the appointment of economist Miranda Goeltom to the post of Bank Indonesia senior deputy governor in 2004.

The commission also has to seek closure in the case of Bibit and Chandra if it is to maintain its independence from other law enforcement agencies and regain its air of authority.

Basrief Arief

Corruption inside the Attorney General's Office had long been an open secret, but it wasn't until 2008, when the KPK arrested prosecutor Urip Tri Gunawan for accepting a $660,000 bribe to halt an investigation, that the suspicions were validated.

Hendarman Supandji, the attorney general at the time, was widely lambasted for defending officials accused of conspiring with Urip, who is now serving a 20-year jail sentence.

Ever since, the AGO has come under intense media scrutiny and has found itself embroiled in a string of case-fixing and bribery scandals, most notably involving former tax official Gayus Tambunan.

Before Gayus, though, there was the case where the AGO and the National Police charged two KPK deputies with corruption – a move widely seen as revenge for the antigraft body's targeting of dirty prosecutors and officers.

In a sensational hearing at the Constitutional Court, wiretaps revealed that the charges against the KPK officials had likely been fabricated. The case looks set to continue into 2011 as the AGO considers dropping the charges against the KPK deputies, on the basis of public interest and not for a lack of evidence as many had demanded.

Antigraft watchdogs are skeptical that the new attorney general, Basrief, a veteran prosecutor returning to public office after four years in retirement, can bring about the much-needed reforms the prosecutors' office needs.

Indonesia Corruption Watch says Basrief's only chance to silence his critics is to improve the AGO's appalling record in prosecuting graft cases and impose harsh sanctions on prosecutors taking bribes.

According to an ICW study, less than half of the corruption cases handled by AGO this year ended in a conviction. By contrast, the Anti-Corruption Court, where cases are prosecuted by the KPK, has a 100 percent conviction rate.

Timur Pradopo

The challenges facing the newly appointed National Police chief run the gamut from fighting terrorism and tackling illegal logging to maintaining public order and peace. However, it is Timur's approach to internal reform that antigraft watchdogs are scrutinizing.

Rampant corruption within the force has long marked it as the country's most corrupt institution, according to a recent survey by Transparency International Indonesia.

"Illicit fees for acquiring driver's licenses, accepting bribes from traffic violators, extorting suspects and protecting gambling rings and prostitution dens are all testament to how rampant corruption is within the police force," says Neta S. Pane, chairman of Indonesian Police Watch.

The unresolved case of Gayus Tambunan, who was previously acquitted in March after claiming to have bribed police investigators, prosecutors and judges for a combined Rp 5 billion ($555,000), will test Timur's pledge to combat corruption.

Gayus claims his estimated Rp 100 billion ($11.1 billion) personal fortune came from bribes from corporate taxpayers seeking favors at the Tax Tribunal. None of these companies have been investigated by police.

"The police still haven't touched the companies that allegedly bribed Gayus or opened fresh investigations into the companies over tax-related offenses," says Febri Diansyah, a researcher with Indonesia Corruption Watch.

"His colleagues at the Tax Tribunal have also gone untouched. It's impossible that Gayus orchestrated tax evasion schemes on his own."

Another test for Timur will be whether he investigates the suspiciously large bank accounts reportedly owned by 15 police generals, an issue never resolved during the tenure of his predecessor, Gen. (ret) Bambang Hendarso Danuri.

The last year saw the appointment of three new law enforcement czars, each facing the daunting task of restoring the credibility of their respective agencies and winning back public trust.

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