Febriamy Hutapea & April Aswadi – The government has accused lawmakers of dragging their feet and not taking deliberations seriously for the long-awaited anti-graft court bill, despite a fast-approaching deadline.
"They seem to be just playing around, bringing up unimportant issues," Justice Minister Andi Mattalatta said on Thursday after a limited cabinet meeting.
The country must have a new law on the Anti-Corruption Court by Dec. 19 or risk losing the legitimacy of the current court, according to a ruling by the Constitutional Court in 2006.
The current Anti-Corruption Court, which has convicted several high-profile officials, including legislators from major political parties, was established under the Anti-Corruption Law.
Commenting on a meeting he had on Wednesday with a special committee deliberating the bill in the House of Representatives, Andi said that questions raised by lawmakers were setting back the process.
He said the lawmakers still questioned the urgency of legislation to give the court a stronger legal basis.
During the bill's discussion on Wednesday, legislator Mayaisyak Johan, from the United Development Party (PPP), said the anti-graft court bill would create a "dualism" in the legal processing of corruption suspects because the mechanism differed from laws on criminal procedure.
He cited the example of suspects not being able to be assisted by their lawyers when interrogated by Corruption Eradication Commission (KPK) investigators. Lawyers can accompany suspects, but cannot advise their clients during the interview process with the KPK.
"The country should provide similar guarantees of protection under the [anti-graft court] law," Mayaisyak said during the working meeting.
Mayaisyak also complained of the pressure surrounding the drafting of the bill as a result of the intense media scrutiny, which he claimed did not necessarily reflect public interest.
Gayus Lumbuun, from the Indonesian Democratic Party of Struggle (PDI-P), said the KPK's overarching authority during investigation, prosecution and adjudication would undermine the country's legal checks and balances, and provisions for wiretapping phone conversations violated the right to privacy.
"This article overlaps with the Telecommunications Law, and that is why we need to align the regulations," he said.
Golkar Party legislator Moestokoweni questioned the urgency of the bill, saying that new corruption cases were still emerging even though the Anti-Corruption Law had been around since 2006.
He said the country should return to existing legal apparatuses, such as the police and Attorney General's Office, in handling corruption cases. "There's no guarantee that we can be free from corruption with the establishment of an anti-graft court," Moestokoweni said.
Meanwhile, presidential spokesman Andi Mallarangeng said the president would push lawmakers to approve the bill as soon as possible so it could be endorsed before their term ended in September.
"If the House can't finish the discussion, the president has a mechanism to solve this impasse," Andi said, referring to a possible government regulation in lieu of law if the legislature failed to approve the bill before the deadline.