An Injection Of Jokowi's Spirit Through The Presidential Decree Regulating The KPK Supervisory Board

JAKARTA - President Joko Widodo has signed Presidential Regulation (Perpres) Number 91 of 2019, which regulates the matters regarding the organ of the Corruption Eradication Commission (KPK) Supervisory Board. It is hoped that the presence of this derivative regulation from the KPK Law Number 19 of 2019 will provide additional personnel in the prosecution of corruption cases that were sluggish.

"With the issuance of the Presidential Decree, it is hoped that the Corruption Eradication Commission will soon form its complementary organs and technically will assist and accelerate the KPK's tasks regarding the technicalities of permits for confiscation, wiretapping, searches, and others," said Plt. KPK spokesman Ali Fikri told reporters in Jakarta, Monday, January 6.

Regarding the organ of the supervisory board called Ali, this has been stated in the Presidential Decree signed by President Jokowi on 30 December.

Article 1 of Presidential Decree Number 91 of 2019 states that the Supervisory Board of the Corruption Eradication Commission in carrying out its duties forms a supervisory implementing organ which is hereinafter referred to in this Presidential Regulation as the Secretariat of the Corruption Eradication Commission Supervisory Board.

Then it was explained, this secretariat would be led by a head who was responsible to the Head of Dewas and submitted periodic reports or at any time as needed.

Meanwhile, as a whole, the secretariat of the KPK Supervisory Board will have the task of providing administrative and technical operational support to the KPK Dewas in overseeing the implementation of duties and powers at the KPK.

Responding to the existence of this KPK Supervisory Board Secretariat, Ali said that this was actually not new to his institution. Because, according to him, there are several fields in anti-gas institutions, of course, there is also a secretariat that is in charge of administration.

"In the Corruption Eradication Commission, there is a head of the secretariat, the same as in Dewas the head of the secretariat, the administrative functions. Precisely with the Dewas Presidential Decree, what really helped Dewas to be able to immediately complete the organs, one of which was at the Dewas Secretariat," Ali explained.

It is the same with the Head of the KPK Supervisory Board Secretariat. This substitute said for Febri Diansyah, will also carry out the function of the head of the secretariat as in other divisions required for administrative matters.

"The Head of the Secretariat is needed to get in touch with us at the KPK, for example there is a search permit, a confiscation permit, and a tapping license, and so on," said the KPK prosecutor.

Although the position has been determined by Presidential Decree, however, it is not yet known who will sit in the post of Head of the KPK Supervisory Board Secretariat.

According to Ali, the mechanism for filling this position will be determined by the Secretary General (Sekjen) of the KPK and finding the name of this position will be a priority. "Of course we are waiting for our priorities. Good work, the organs at Dewas because that is very, very important to us for investigative work," he said.

In fact, the Perpres that Jokowi has prepared is not just a matter of the KPK Supervisory Board. There are two other regulations that have been prepared by the former Governor of DKI Jakarta, namely regarding the organization and leadership of the KPK, and regarding the status transfer of KPK employees to ASN.

The KPK hopes that transfer of employee status will be a priority

Regarding the transfer of employment status, this anti-corruption agency also requested that discussion of the Draft Government Regulation (RPP) on Personnel Management could be a joint priority with the relevant ministries. Moreover, Ali said, they had received a copy from the State Secretariat to the Ministry of State Apparatus Empowerment and Bureaucratic Reform (KemenpanRB).

"The letter is a response to the KPK's letter to the President of the Republic of Indonesia dated December 12, 2019, which submitted an initiative permit to the President for the preparation of the KPK Personnel Management RPP," Ali said, adding that previously, the rules regarding KPK HR were regulated in Government Regulation Number 63 of 2005 as a derivative of the Law. KPK Number 30 of 2002.

This RPP, according to Ali, is hoped to be able to maintain the independence of the employees in the institution. "In essence, the RPP contains the status of KPK employees, organization and position, procurement of KPK employees, career management, performance management, compensation, and other provisions related to KPK personnel management," he said.

Apart from the question of employee independence, the draft also contains a proposal for the direct conversion of employees of anti-gas institutions to become state civil servants (ASN) for permanent employees. Meanwhile, for temporary employees, they can become state servants after undergoing a series of tests according to applicable procedures.

While related to the circulation of the draft Presidential Decree on Organization and Work Procedure (OTK) of the KPK, Ali emphasized that the KPK did not need this and said that it was enough that the KPK internal rules regulate it.

"This refers to the provisions of Article 25 paragraph (2) and Article 26 paragraph (8) of Law Number 30 of 2002 which are still valid or not included in the material amended in Law Number 19 of 2019," he said and explained until now, through the Bureau. The law is that the KPK has not received official information regarding this rule or the draft RPP.

"We hope that the KPK can be informed if there is a drafting of rules related to the implementation of KPK duties or staffing," he concluded.