Jakarta – The war against corruption has become tougher for the Attorney General's Office since the Constitutional Court ruled Tuesday that investigators can name suspects only if they are believed to have violated formal regulations.
Previously, AGO investigators were allowed to name graft suspects and bring them to court simply on the basis of reports from the public. The ruling came in a Constitutional Court review of the 1999 Law on Corruption.
Attorney General Abdul Rahman Saleh said Wednesday that although his office respected any verdicts, especially those handed down by the Constitutional Court, the AGO had its own views on the subject. "I feel sad about this because it will make our war against corruption harder," he said. "I guess this is going to be a big day for corruptors."
The Law on Corruption stated that a person would be considered to be breaking the law if he violated formal or written regulations, such as the Criminal Code, or unwritten values, such as the principles of justice and other social norms.
In response to the Constitutional Court ruling, Abdul Rahman said that even the 1945 Constitution states that the country acknowledges unwritten social norms as a basis for legal action. "Because no matter how perfect a written regulation is, it will never be able to cover all violations of the law in the eyes of the public," he said.
The Constitutional Court reviewed the 1999 law at the request of both Dawud Djatmiko, who is facing a graft trial at the East Jakarta District Court, and the Indonesian Legal Society. The Constitutional Court, chaired by Jimly Asshiddiqie, said social norms such as proper conduct and principles of justice were indefinite standards that could vary from place to place.
The court, however, declined to review the 2002 law that established the Corruption Eradication Commission (KPK). "The petitioners have failed to explain the violations of constitutional rights they suffered as individuals or a group as a consequence of the execution of the KPK law," Jimly said.
Deputy KPK chairman Tumpak Hatorangan Panggabean voiced similar disappointment over the court ruling. He said Tuesday the war on corruption would go ahead despite the verdict, but added that the KPK was now forced to work harder to collect evidence before bringing charges.
The Indonesian Legal Society argued in its petition that the KPK law contradicted the principles of people's sovereignty and the balance of power as stated in the Constitution. It said this had disturbed "the administrative system of the government and in turn disrupted the life of its citizens due to a lack of legal certainty."
The KPK was also accused of being ineffective and discriminatory in investigating and charging people with corruption. Antigraft activists fear some parties are trying to hinder the KPK's drive against corruption.