Ulma Haryanto & Anita Rachman – The House of Representatives said on Monday that revisions affecting the national antigraft agency's sweeping powers could be in the works.
Eva Kusuma Sundari, a member of House Commission III, which oversees legal affairs, said proposed amendments to the 2002 law governing the Corruption Eradication Commission (KPK) could curtail the body's authority to conduct wiretaps and prosecutions.
She said the KPK's ability to carry out wiretaps without a warrant needed to be addressed in light of a Constitutional Court ruling in February that struck down a contentious decree governing the use of wiretaps in a separate piece of legislation, the 2008 Information and Electronic Transactions (ITE) Law.
"This is not a fabricated need," Eva said, referring to concerns the KPK's powers were being deliberately slashed as retaliation for the arrest of 22 serving and former legislators in a bribery case linked to the election of Miranda Goeltom as a Bank Indonesia deputy governor in 2004.
"The Constitutional Court has issued a rule on wiretapping, so we must review this and adapt it to the KPK. However, this is still being discussed. It's premature to start a debate on this issue now."
The amendment of the KPK Law is on the House's priority list for this year. For now, though, Commission III is still focusing on a host of other legislation, including bills concerning immigration, the Supreme Court and an amendment to the 2004 Judicial Commission Law.
KPK chairman Busyro Muqoddas argued at a meeting earlier this month with the House leadership that there was no need to amend the KPK Law, which he said was adequate. He said any proposed amendments should be limited to the KPK's budget and its cooperation with other government agencies.
Busyro also sent a formal request to the House asking that any revisions not affect the unique powers afforded to the KPK, including those covering wiretaps and the prosecution of corruption cases.
"If the House wants to revise the law, that is its right," he said. "But I want to say that I hope the revision will only serve to strengthen the KPK's synergy with other bodies."
Eva, however, said there was a need to rethink the KPK's authority to prosecute cases at the Anti-Corruption Court. Under prevailing laws, she said, only prosecutors could try criminal cases. "So there needs to be a revision of the KPK's authority," she said.
The Anti-Corruption Court, which was set up in 2002, boasts a 100 percent conviction record. The district courts, where prosecutors hold sway, by contrast, have a poor record against graft suspects and are widely regarded as corrupt themselves.
Eva said the House would be transparent throughout the deliberation process to put to rest speculation it was trying to clip the KPK's wings.
House Deputy Speaker Priyo Budi Santoso said he had instructed Commission III in January to get started on an amendment to the KPK law, but he denied he had placed any special emphasis on it. "I guarantee there were no bad intentions toward the KPK," he said.
Meanwhile, KPK deputy chairman Haryono Umar told the Jakarta Globe that its ability to conduct wiretaps was integral to the wider fight against graft.
"Corruption employs advanced technology, and one of the solutions to keep up with that technology is wiretapping," he said. "If we're restricted in our use of wiretaps, it will be difficult to eradicate corruption."
Haryono also denounced any attempt to strip the KPK of its authority to prosecute high-level graft cases. "Many countries have learned corruption investigation and prosecution methods from us, including Malaysia," he said. "If the House decides to also restrict this, then we'll be regressing."