Abdul Khalik, Jakarta – Strengthening his stance against corruption ahead of the upcoming elections, President Susilo Bambang Yudhoyono has unveiled a plan to issue a government regulation-in-lieu-of-law (Perppu) should lawmakers fail to pass a corruption court bill by the end of this year.
"The President will issue a Perppu to save the Corruption Court if the House cannot create the law before Dec. 19," Denny Indrayana, an advisor to the President on legal issues, said in Jakarta on Monday.
In 2007, the Constitutional Court concluded that the Corruption Court had violated the Constitution when it was established under the 2002 law on the Corruption Eradication Commission (KPK), instead of the law on judicial powers.
The Corruption Court then ruled that a new law on the Corruption Court had to be enacted by December 2009, or else the existing Corruption Court would lose its legal basis, be dissolved and forced to hand over trials under its investigation to the district courts.
Observers and civil society groups have expressed concerns over the chance that corruption cases could be delegated to the district courts when they are widely regarded as one of the country's most corrupt institutions.
The current Corruption Court is the only court of its kind where prosecutors from the Corruption Eradication Commission (KPK) bring the accused to trial.
However, the House of Representatives appears reluctant to complete the deliberation process on time, sparking outrage among anticorruption campaigners.
With the legislative elections just over a week away, legislators have been accused of ignoring the deliberation process of crucial bills, including the Corruption Court bill, to focus on their campaign efforts.
"It would be best if the House could pass the bill so we don't have to use a Perppu. But if there is no law decided upon by the deadline, then the President can issue a Perppu on grounds of an emergency situation," Denny said. He said the bottom line was that the Corruption Court must be saved by either a law or a Perppu.
"If we issue a Perppu, we can use the draft bill currently being discussed in the House, with some adjustments and input from the public," Denny said.
Two articles within the bill are of particular concern to corruption watchdogs. One designates district court heads to chair regional corruption courts while another assigns the district court chief the authority to select judges overseeing certain cases, such as those under review.
The bill also grants the Supreme Court head and district court chief the prerogative to decide on the balance of career and noncareer judges in district-level corruption courts.
The bill states the number of judges be odd, either three or five.
District court and career judges have a notorious history of colluding with corruption suspects appearing before them, which created a veritable "court mafia" embedded in the country's judicial system. Many anti-corruption activists say the bill could be a strategy to weaken the fight against graft.
It is feared that if the Corruption Eradication Commission (KPK) is defeated each time it presents cases to the Corruption Court, its power and authority could be undermined.