Irawaty Wardany, Jakarta – Indonesia Corruption Watch (ICW) warned the war against corruption in 2010 would likely be "toothless", citing various attacks on the Corruption Eradication Commission (KPK), seen as the spearhead in the war against corruption, in 2009.
The concerns arose after corruption eradication efforts in 2009 faced obstacles meant to weaken the commission through legislation and direct attacks on KPK leaders.
"Efforts to weaken the KPK and the Corruption Court escalated in 2009," ICW legal researcher Febri Diansyah told a press conference Sunday.
KPK deputy chairmen Bibit Samad Rianto and Chandra M. Hamzah were accused of abuse of power, receiving bribes from and extorting fugitive corruption suspect Anggoro Widjojo. The accusations were shown to be fabricated and the men were acquitted of all charges.
Febri also said the newly amended Corruption Court Law brought "undesirable" changes to the war against corruption. Some of the significant changes include the composition of the Corruption Court's panel of judges, giving priority to career judges rather than ad-hoc ones, despite the questionable credibility of career judges.
"Many [career judges] acquit corruption suspects tried in district courts, while some suspects are sentenced to less than the minimum punishment of one year in prison," Illian Deta Arta Sari, the coordinator for ICW's legal and judiciary supervisory division, said.
Irrespective of the concept of presumption of innocence, Illian questioned the judges' and the Supreme Court's commitment to eradicating corruption.
Another amendment is the planned wiretapping procedure requiring law enforcement officials to obtain permission from a district court judge that could complicate efforts to spy on suspects. Wiretapping is one of the main tools in gathering evidence against corruption suspects.
ICW cited the expansion of the Corruption Court to all 33 provinces as another worrisome change, especially with widespread case brokering in the judiciary. There are concerns this could render the courts toothless.
"President Susilo Bambang Yudhoyono's commitment is also in question as he has required law enforcers to get his permission to question regional heads and legislators as witnesses or suspects in corruption cases," Febri said. He added that all these measures would weaken antigraft efforts, including the KPK's work.
"I think this year the government will still be focused on portraying the image that they are working to fight graft," ICW coordinator Emerson Yuntho said.
He added that graft suspects faced no threats from district courts because acquitted suspects would taint antigraft efforts.
Emerson said that considering corruption suspects would fight back, the KPK's role would be reduced to prevention rather than enforcement. "The KPK's role will be limited to uncovering cases, not concluding them," he said.
He added sentences handed down by the Corruption Court would not deter would-be offenders because of the string of light sentences handed down in the last months of 2009.
He cited the case of former South Sumatra governor Sjahrial Oesman, who was sentenced to one year in prison despite his role in bribing legislators to get approval from the House of Representatives to convert protected forests in his province.