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Patrialis postpones revisions to anticorruption law

Source
Jakarta Post - April 1, 2011

Ina Parlina, Jakarta – Law and Human Rights Minister Patrialis Akbar withdrew proposed amendments to the 2001 Anticorruption Law after previously defending a draft that critics have said would weaken the fight against corruption.

"We are currently reviewing whether some provisions weaken the Corruption Eradication Commission (KPK) and the fight against corruption," Patrialis told reporters on Thursday, as quoted by tribunnews.com, "We don't want the bill to erode the nation's spirit in combatting corruption."

Activists, legislators and KPK leaders have criticized the government's proposal for amendments to reduce legal penalties for corruption and allow graft convicts to avoid prison.

Patrialias earlier defended the draft, saying that it would instead make people wary of committing corruption.

Indonesia Corruption Watch (ICW) stated they found at least nine contentious articles in the proposed revision to the Anticorruption Law, including failure to clearly specify the KPK's authority.

ICW's Donal Fariz, who studied the draft, said that he appreciated Patrialis' latest move to withdraw the draft.

"I'd say it's the right thing to do," he told The Jakarta Post Thursday. "The political situation is not favorable for drafting and deliberating such a bill. Certain actors can misuse the bill for their political interests," he said. "So, it is not wise to revise the current law now."

Emerson Yuntho of ICW, who once sat as a member of a team drafting the revision, expressed his concern over the composition of the team, saying that several team members "are in opposition to KPK". Emerson later quit the team.

The team comprised Junior Attorney General for special crimes Muhammad Amari, Oka Mahendra law and Human Rights Ministry directorate of laws and regulations, legal expert Indriyanto Seno Adji, the director for laws and regulations at the Financial Transaction Reports and Analysis Centre (PPATK) Muhammad Yusuf, and I Ketut Sudiharsa, a former member of the Witness and Whistle Blower Protection Agency (LPSK). The team is led by legal expert Andi Hamzah.

"It's curious why they made the draft so normative, instead of punchy," Emerson said.

KPK deputy chairman M. Jasin welcomed the postponement of the proposal, saying that "reviewing the draft is a good move to answer the public outcry."

"The government, in this case those who draft the revision, need to involve all stakeholders, including the KPK, in the reformulation of the revoked draft," Jasin said.

Patrialis said there was a possibility that the KPK would also be invited to sit together to discuss how to improve the draft bill. He also promised that his office would strengthen the draft. "We will expand the corruption offenses to close any doors for corruptors," he said.

Donal argued that it would be better to cancel the amendments instead of merely postponing the draft. "Even though they reformulate and improve its contents, no one can ensure the legislators would support strengthening the KPK and corruption eradication efforts," he said.

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