Nivell Rayda – The proposed regulation restricting the bugging of telephone lines through the establishment of an agency to clear all wiretaps would practically guarantee immunity for many corrupt government officials and law enforcement officers, an antigraft group warned on Tuesday.
Indonesian Corruption Watch (ICW) has strongly rejected the planned regulation, which calls for the creation of a national interception agency to handle all requests to tap telephone lines by the Corruption Eradication Commission (KPK), the Attorney General's Office or the National Police.
The proposal however, seems designed to leave the KPK out of the process by proposing that the agency be led by the National Police Chief, the AGO and the State Intelligence Agency (BIN) – all of which are widely seen as being among the country's most corrupt institutions, ICW says.
"What if law enforcers want to tap conversations of the National Police Chief, a state minister, a cabinet member or members of the new [national interception] agency? It certainly becomes impossible. It would also be impossible to bug the telephone of the president and his cabinet members. After all, ministers are also cabinet members," said ICW deputy chairman Emerson Yuntho.
Emerson added that the court permission requirement also poses a threat.
"The court system in Indonesia is one of the most corrupt in the world. Someone could easily bribe court officials in return for not authorizing the wiretap," he said. "What would happen if the people whose phones need to be bugged are court officials themselves?"
ICW feared that the regulation would not stop at shielding government officials from wiretaps. "The untouchables would also include the officials' family members, friends and cronies," Emerson said.
Chaerul Imam, a former director of investigation at the Attorney General's Office, said that under the current circumstances, where corruption continues to plague the country's judicial system, it would be best if the decision on the regulation was postponed by the government.
"Better the regulation is delayed or completely abandoned. As long as corruption is still rampant in Indonesia, there is a good chance that the regulation will be manipulated to serve corrupt officials," he said.
Similarly, Asep Iwan Iriawan, a former judge at the Central Jakarta District Court, also saw the dangers of requiring court permission. "Someone within the court system could leak the information and tip off corrupt officials whose conversations are being wiretapped. It would also be impossible to wiretap judges," he said.
Antigraft groups have opposed the plan to establish the regulation, saying it would reduce the KPK's authority and hinder the fight against corruption. The KPK currently has the power to record telephone conversations without a court order.
Although the taped conversations do not stand as evidence in a court of law, the commission boasts a 100 percent conviction rate – which has included policemen, politicians, governors and state officials – thanks in part to the unrestricted authority it enjoys to conduct wiretapping.
Several judges of the Constitutional Court have pledged to nullify the regulation should it contradict existing laws on the KPK, which has a stronger legal basis.