Nivell Rayda & April Aswadi – President Susilo Bambang Yudhoyono is readying a government decree in lieu of law, or Perppu, to deal with the vacuum in the leadership of the country's anti-graft body after three of its five leaders were named as suspects in various legal cases, a minister said Friday.
The Corruption Eradication Commission (KPK) has seen its chairman Antasari Azhar suspended after he was named as a suspect in a murder case while two of his deputies – Chandra Hamzah and Bibit Samad Rianto – have become suspects in a case of abuse of power. Only two deputies are left to manage the commission, one less than the minimun required by law.
Justice and Human Rights Minister Andi Matalatta said the perppu would allow to bypass a requirement in the KPK law that a team be formed to represent public opinion in selecting the acting commissioners.
"According to the law on KPK, to fill the vacant posts, another selection committee should be appointed. We estimate that it will take 6-7 months, while the KPK only has two members now," Matalatta said. "The criteria will be set to resemble [those in] the law on KPK," Matalatta said, adding that no name had yet been discussed.
Yudhoyono has said he had opted for a Perppu after separate consultation with Supreme Court chief Harifin A. Tumpa, House Speaker Agung Laksono and Constitutional Court chief Mahfud MD.
KPK, Yudhoyono said, could not effectively function with only two commissioners until a decision was reached whether the suspects could reasume their post or resign because they have to face trial. "Since there is no law for this kind of eventuality, the solution is to issue the Perppu," Matalatta said.
Indonesia Corruption Watch's legal and judiciary coordinator, Febry Diyansyah criticized the plan for a perppu saying "KPK leaders are not members of his cabinet that the president can freely remove or install. The mechanism is clear and the process must be transparent."
However, Mahfud said the president was within his rights, given the emergency of the circumstances. The law requires at least three KPK commissioners to make important decisions. "The condition makes the KPK's decisions vulnerable to legal challenges," he said.
Alexander Lay, lawyer for the two troubled deputies said that more important was to check whether the police had met the procedures and professionalism standards in declaring the commissioners as suspects.
Mahfud said the police's move had been "a big mistake." "Under no circumstances should a procedural matter be criminalized. This could open a pandora box for police and other institution to arrest officials for doing their job."
It was the victims of the alleged misuse of power, and not the police, who should file a case at the state administrative court, not a crime tribunal.
KPK lawyer Bambang Wijoyanto filed a formal complaint against National Police Chief Detective Susno Duaji to the independent National Police Commission, accusing him of trying to halt an ongoing KPK probe on him by declaring the two commissioners as suspects.
Susno's move was in retaliation to the KPK's wiretapping of his telephone conversation with businessman Budi Sampoerna, Bambang said. Budi reportedly sought Susno's help, in return for an undisclosed fee, to retrieve Rp 2 trillion he had in ailing Bank Century.
"Since the wiretapping incident, susno has been involved in a character assassination, by leaking information to the press to build public opinion," Bambang said. "He knew he was being investigated by the KPK." Susno declined comment.