KPK OTT Is Still Needed, Even Though It Is Called Luhut Kampungan

ILustration of KPK officers conducting Hand Catch Operation or OTT. (Special)

JAKARTA The practice of Hand Catch Operation (OTT) as one of the strategies used by the Corruption Eradication Commission (KPK) for the prosecution of corruption cases in Indonesia still creates pros and cons.

The counter party assessed that the KPK's OTT had little impact on eradicating corruption in Indonesia, illegal and threatening privacy. On the other hand, the pro camp assessed that the KPK OTT was able to quickly uncover corruption cases and produce concrete evidence.

The KPK OTT in the last 6 months has become a hot topic to discuss. Especially since the Coordinating Minister for Maritime Affairs Luhut Binsar Pandjaitan repeatedly criticized the OTT practices carried out by the KPK. Finally, Luhut expressed his criticism of the OTT at the KPK's Red and White House on July 18.

"Don't just say arrests, I said village. I agree to be arrested, but if you get smaller you are arrested for digitalization, why not?" said Luhut.

The term 'kampungan' is a new thing from Luhut's criticism of the practice of OTT KPK. Is it so cheap that the KPK OTT must be harassed as a village action by a state official?

Luhut also added that the OTT carried out by the KPK did not even deter the perpetrators of corruption. Even though the anti-corruption agency has repeatedly carried out OTT, the corruption rate in Indonesia is still high.

"Sorry if I speak openly. Even the OTT did not make people lose their heads," Luhut said at the launch of the 2021-2022 Stranas Corruption Prevention Action in Jakarta, Tuesday, April 13, 2023.

Indonesia's Corruption Perception Index in 2020 was recorded at 37. This value decreased by 3 points compared to 2019, which was recorded at 40. Based on Transparency International data in 2022, Indonesia's position was at 110th out of 180 countries.

On December 20, 2022, Luhut also criticized the KPK OTT. He mentioned that the KPK OTT only worsened Indonesia's image in the eyes of the world. The more often OTT is reported, the more it confirms the image that Indonesia is a corrupt country.

"OTT is actually not good for this country. It's really bad, that's it. But if digitalize, who wants to fight us?" Luhut said in the Launch of the Corruption Prevention Action 2023-2024 in Jakarta, December 20, 2022.

Luhut is currently aggressively promoting digitalization as a preventive of corruption, rather than conducting OTT. According to him, digitalization can narrow the space for corruption intentions. If the gap in corruption can be narrowed, OTT is no longer needed.

The KPK in conducting OTT uses two techniques, namely wiretapping and trapping. However, these two techniques are not fully protected by law, so many criticisms say that OTT is an unlawful act.

Wiretapping is only regulated in general in Law Number 20 of 2002 concerning Electricity. Meanwhile, the act of traps is completely unknown in various rules regarding corruption in Indonesia.

As a result, the two techniques trigger the opinion that the KPK violates the law and human rights, namely about a person's privacy. All of this is due to the unclear limits and wiretapping authority mechanisms carried out by the KPK.

As an independent institution that focuses on the issue of corruption, the KPK carries out a tough task in eradicating corruption. Based on Law no. 30 of 2002, the KPK is tasked with eradicating and preventing criminal acts of corruption, coordinating and supervising agencies authorized to eradicate criminal acts of corruption, investigation, investigation, and prosecution of criminal acts of corruption, as well as monitoring of the administration of state government.

The dominance of the role of the KPK in eradicating corruption in Indonesia has made the KPK the main focus of the public rather than 2 other state institutions, the Police and the Prosecutor's Office.

According to LSI data (2019), the KPK became the most trusted institution by the public (84%), followed by the President (79%), the Police (72%), the Court (71%), and the DPR (61%). This is inseparable from the performance of the KPK as an independent institution that is considered capable of maintaining independence in the midst of various discourses on weakening and political interests.

OTT, which involves important actors in the class of regional heads, ministers, or legislatures, has caused a shock effect that can attract public attention. No wonder then the arrest operation becomes a media outlet.

On the other hand, the success of the KPK OTT in capturing national figures cannot be used as a benchmark for the success of eradicating corruption in Indonesia. This is evident from Indonesia's ranking which has slumped in the list of the most corrupt countries in the world.

One of the main factors in eradicating corruption in Indonesia that has not been maximized is the legal substance that has multiple interpretations. The interpretation of OTT is an example, which still invites pros and cons to date.

However, the KPK's OTT is seen, even considered by Luhut Binsar Pandjaitan, this action is still needed in efforts to eradicate corruption in Indonesia. At least to impose social sanctions for perpetrators of corruption. And remember, social sanctions in the form of stigma of corruptors are valid for life!