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Out of time, House postpones deliberation of KPK Law to 2012

Source
Jakarta Post - October 27, 2011

Jakarta – House of Representatives Commission III overseeing legal affairs has postponed the deliberation of a revision of the 2002 Corruption Eradication Law to next year.

"The revision draft of the law on the KPK is currently being prepared at the House secretary-general's law preparation department," Commission III legislator from Indonesian Democratic Party of Struggle (PDI-P) Eva Kusuma Sundari told The Jakarta Post on Wednesday.

She said that the law preparation department had presented the draft to Commission III on Oct. 12, with several provisions such as wiretapping authority, limitations on commissioners' tenures, the KPK's coordination and supervision authority as well as separating the KPK's investigation and prosecution authorities, among others.

Eva added that the commission was waiting for the final version of the draft, receiving which it would begin consolidating arguments from the commission's factions and then create a working committee to further discuss the matter with the government.

She said that Commission III would be ready to discuss the revision with the government after two plenary session phases in 2012, citing the long process of the draft construction.

In 2008, the commission tried to revise the KPK law, citing concern over the KPK's wiretapping authority.

The commission had intended to revoke the wiretapping authority by referring to the 2003 law on advocates, which restricts investigators from tapping conversations between lawyers and their clients.

At that time, the commission dismissed arguments that the revision would limit the KPK's ability to fight corruption, saying that it in fact intended to strengthen the KPK. However, the discourse was dissolved following heavy criticism, despite that the draft had already been submitted to the President.

The House and the KPK recently were embroiled in a political argument after the KPK questioned four House budget committee leaders in an investigation concerning alleged budget manipulation by the Manpower and Transmigration Ministry.

Earlier this week, the Indonesia Corruption Watch (ICW), an antigraft watchdog, criticized the House's plan, saying that the revision process had been used to hamper corruption eradication. The watchdog recorded that since 2007, the KPK had prosecuted 42 legislators.

Two KPK leaders, Bibit Samad Rianto and Busyro Muqoddas, opposed the plan to revise the KPK law, saying it was "unnecessary", when the two attended Commission III's hearing session on Wednesday. "So far, the KPK thinks that the revision is not necessary, but if the House plans to do so, we respect their decision," KPK Chairman Busyro said.

He suggested that the House conduct proper academic research before revising the law. He added that the KPK as a law enforcement institution carried out its duties in accordance with the law, and had encountered no difficulties in doing so, especially not political constraints.

Deputy chairman Bibit said that the antigraft commission had been good at handling corruption cases, and that points discussed in the discourse, such as granting the KPK the authority to pick its own investigators, were not really necessary.

He explained that the investigators recommended by the police were sufficient, because the police recruited them through independent and professional human resources services. He added that another circulating idea – to separate the KPK's investigation and prosecution functions – was wrong.

"Based on my 30 years' experiences as a police officer, the best prosecution and investigation system is what the KPK has right now. If it were revised then it could cripple the KPK," Bibid said. (rpt)

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