Jakarta – Activists and academics have condemned the government's plan to spare state officials from prosecution if their policies are judged "erroneous", saying the regulation would only hinder the fight against graft.
Indonesia Corruption Watch chief Teten Masduki said state officials could use the regulation to justify corruption and misuse of power. "We already have difficulties eradicating corruption without the new regulation," Teten told The Jakarta Post on Wednesday.
An advisor on judicial reform at the Partnership for Governance Reform in Indonesia, Mas Achmad Santosa, said the regulation would be extremely unpopular. "People still see the government's fight against corruption as unsatisfactory," he said. "It would be a bad time to pass this regulation now."
He said the government had yet to try former president Soeharto and his cronies for graft offenses and this new regulation would only weaken the national struggle against graft. So far, during the administration of President Susilo Bambang Yudhoyono, more than 50 regional officials have been put on trial for corruption.
Yudhoyono announced the idea of issuing the government regulation earlier this year. Its proponents, including the country's regents association, say it will provide regional leaders with a sense of "security" and allow them to act quickly in emergencies like disasters.
However, Teten said the regulation was unnecessary because existing laws took into account whether state officials had made unlawful-but-honest mistakes or had acted with criminal intent. "State officials can make decisions by using their discretion in emergency situations, as long as these decisions are not against the law," he said.
Agung Hendarto from the Indonesian Transparency Society said existing regulations included procedures to help rapid decision-making during emergency situations.
"Besides, our regulations clearly define corruption," he said. "As long as any official does not misuse or pocket state funds... they will not be charged." Santosa said local administrations should improve transparency and include the public in the decision-making process. "All they need is to be is transparent and honest," he said.