JAKARTA - The appointment of the Corruption Eradication Commission (KPK) Supervisory Dewas could be a boomerang for the eradication of Rasuah crime even though President Joko Widodo has appointed a number of names with integrity, such as former Supreme Court Judge (MA) Artidjo Alkostar. This is because there are a number of systemic flaws that have been noted by anti-corruption activists and legal experts.
A criminal law expert from Trisakti University, Abdul Fickar Hadjar, for example, said that the KPK Supervisory Board could undermine the institution from within. This is because there are rules that have failed to be applied in the body of the council that are in this anti-graft agency for the first time.
The rule highlighted by Fickar is that there is no prohibition for the supervisory board to meet with the litigants. In fact, under its authority, the KPK Dewas is the party who approved of wiretapping, investigations and confiscations.
"The system is weak. If in the KPK Law a commissioner meets someone who is questioned by the KPK, he can be sentenced to 5 years. But now he is free. There is no prohibition," said Fickar when met in the Wahid Hasyim area, Menteng, Central Jakarta, Saturday, December 21.
The Corruption Eradication Commission Law Number 19 of 2019 concerning Amendments to the Corruption Eradication Commission Law which regulates the issue of the KPK Supervisory Board, does not include any prohibitions for the council to meet with litigants.
This is different from the rules for KPK leaders, because, if you look at the KPK Law Number 30 of 2002, there is a prohibition for the leadership to meet with parties suspected of being involved in cases being investigated by the KPK for any reason. This rule is in Article 36a. Not only the leadership, Article 66a also prohibits employees of anti-graft institutions from doing the same.
So that it is possible, in the future when the KPK Supervisory Board changes, if this system is not fixed, the board can commit this fraud.
"If the people who sit in the adult do not have integrity, as it is now, it is impossible to find it, the adults will be abused," said Fickar.
Not only that, Fickar also asked the public not to be lulled by the names of those who filled the position. Because, it could be, these names will actually become new traps for the KPK because of the incompetence of the system.
"Do not let a good narrative about the people occupying these adults become a 'batman' trap. Because what is wrong is the system," he said.
In addition to the absence of regulations for the KPK supervisory board to meet with litigants, Fickar also highlighted the status of KPK leaders who are no longer law enforcers and do not have the authority to approve wiretaps, investigations, confiscations and searches.
"The authority was taken by the adult, the adult himself by the new Corruption Eradication Commission Law was not placed as a law enforcer. I said that the system was problematic," said Fickar.
He also revealed, with the current law, the position of the supervisory board is above the leadership of the KPK, not only supervising but entering the realm of law enforcement. Whereas in the regulations, there is no mention of the council's function as prosecutor and public prosecutor.
So, based on this rule, the leadership of the KPK for the 2019-2023 period is now only in charge of managing managerial matters, not being the determinant of investigating corruption cases and this can then cause confusion and uncertainty in the future.
"The current leadership of the KPK is only an administrative supervisor, yes, that is a dilemma," he said, adding that Jokowi must immediately replace the new KPK Law with the previous KPK Law which did not regulate the supervisory board issue.
Slow down disclosure of corruption cases
The existence of the Supervisory Board, which now determines whether or not wiretapping, investigations, searches and confiscations are also considered to be an obstacle to the pace of eradicating corruption.
This was revealed by a politician from the Prosperous Justice Party (PKS) Indra. He considers that the existence of the council has actually slowed down the fast-paced investigation of a corruption case. In addition, the KPK is also considered to have the potential to intervene in the investigation of cases including wiretapping.
"We don't want the KPK to weaken. The form of weakening that we think is part of the instrument that can be weakened is when the right to wiretaps is intervened," said Indra, Saturday, December 21.
According to Indra, the existence of the supervisory board is also not that important. This is because the Commission III members of the DPR RI have been supervising the KPK. Thus, the existence of this council is considered to be able to intervene in the work of the KPK.
Moreover, the need for the KPK to ask permission from the board chaired by Tumpak Hatorangan Panggabean could make the disclosure of corruption cases missed and the process longer. In fact, the crime of corruption or bribery takes place quickly.
"We know that a criminal act of corruption can happen very quickly. People can be bribed by planning or not by planning. If with permission it turns out that the act, the bribery incident was overlooked, the incident against him could not be found," he concluded.
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