Jakarta – Indonesia's justice minister has played down a set of recommendations drawn up by the Corruption Eradication Commission in response to ongoing deliberations in the House of Representatives on revisions to the criminal code, which the antigraft body sees as undermining the nation's fight against corruption.
"That cannot happen. Such a thing has never happened before," Justice and Rights Minister Amir Syamsuddin said on Thursday evening, when asked whether it was possible for the government to revoke the draft of the revised criminal code.
"This is a draft law that is dozens of years old. It materialized in my era and was handed to the House of Representatives. It can't just be revoked, because it will have to follow the steps and procedures, and none of us are in the slightest rush."
Amir said the government is scheduled to meet with the Corruption Eradication Commission (KPK) in a special meeting today to discuss the issue, a meeting he cited as necessary to align the different opinions.
The KPK handed a letter to the government earlier this week in response to the draft bill, which it says puts the institution at risk of being disbanded.
Offenses such as corruption, terrorism and drug trafficking are all listed as "extraordinary crimes," in Indonesia, a classification that allows them to remain outside the standard criminal code and under the authority of a dedicated law-enforcement body.
By removing the crimes' special status, lawmakers could limit the authority of bodies such as the KPK, eventually making them redundant, Abraham Samad, chief of the antigraft body, said on Wednesday.
"If these violations are not categorized as special crimes, [then] competent institutions, such as the KPK, PPATK [Financial Transaction Reports and Analysis Center] and BNN [National Narcotics Agency], would lose their functions and risk being disbanded," Abraham said in a press statement.
The KPK reportedly has reason for concern. The House's revised criminal code not only places the prosecuting of corruption under the authority of the police – an organization seen as one of the nation's most corrupt – but it severely limits the KPK's powers, restricting its authority to wiretap suspects or conduct preliminary investigations.
The antigraft body sent letters to President Susilo Bambang Yudhoyono, House lawmakers and the committee tasked with drawing up the criminal code, protesting the proposed changes.
Not enough time
KPK deputy chairman Zulkarnain argued that there was not enough time left before the April legislative election to adequately debate the bill.
"Ongoing deliberation on the revisions has to be done thoroughly and fulfill the needs for such changes. In reality, there are only 100 working days for lawmakers at the parliament, which makes it impossible for serious talks in such a short period, taking into consideration that the draft has over 1,000 articles," the KPK's letter read.
Zulkarnain urged the House to hand the project over to incoming lawmakers after the election.
"If the deliberation of these two bills is not thoroughly performed, we will not be able to obtain a substantial result," he said.
Additionally, in its letter, the KPK also emphasized that in discussing the revisions, it was necessary for the House of Representatives to involve all related public entities, such as law-enforcement officers, academics and other relevant groups.
Responding to the KPK's calls, Muladi, a member of the committee tasked with revising the criminal code, said it was not within the antigraft agency's jurisdiction to demand for an end to the deliberations.
Like the justice minister, Muladi also called on the KPK to respect the House's deliberations as it was ordered by President Susilo Bambang Yudhoyono.
President Yudhoyono himself is general chairman of the Democratic Party, which in the past few years has seen many of its top officials implicated in various cases of corruption, investigated by the KPK.
"The KPK... must respect the president's authority, because he handed that [revision] to us and it is approved by the House as a legislature program," Muladi was quoted as saying by Kompas.com on Thursday.
He added that the KPK should also take into account that lawmakers have started putting together revisions to the criminal code 40 years ago, before the KPK was formed and that the revisions have indeed involved both Indonesian and international law experts.
"We are ready to debate [the revision] in a forum. The KPK cannot just force [their opinion] and threaten to disband themselves. We were the ones who rejected the disbandment of the KPK back when there were entities calling for such a move," he said.
Common principles
Muladi also said it was impossible for the House not to include extraordinary crimes, such as corruption, if the criminal code as the code covered every act of crime and it was based on common principles and values.
He insisted that the revisions to the criminal code did not undermine the KPK, adding that the parliament had also taken several articles on cases of corruption out of the criminal code to be implemented on the Corruption Acts Law, which is also being deliberated. "So both of them will support one another and synergize," he said.
Several lawmakers have spoken in favor of the KPK. "I have a similar view. Even with the KPK's existence, there remains plenty of corruption cases. Without the KPK's authority to wiretap, the case of [former Constitutional Court chief] Akil Mochtar wouldn't have been uncovered," House Deputy Speaker Pramono Anung said on Thursday, adding that the KPK's concerns reflected that of the public.
"The way I see it, the KPK is still very much needed. [Even] with their current authority, there are many other cases the KPK cannot solve," Pramono said.