Opposite Law Enforcement, Relations That Continue To Repeat

Photo Illustration By Andry Winarko (VOI)

JAKARTA - The Supervisory Board of the Corruption Eradication Commission (KPK) recently imposed sanctions on the Deputy Chairperson of the KPK, Nurul Ghufron, for violating the code of ethics he was considered to have intervened in the employee mutation process at the Ministry of Agriculture.

In reading the code of ethics trial verdict, on September 6, 2024, the KPK Supervisory Board (Dewas) assessed that Nurul Ghufron used his influence as KPK leader in assisting the mutation of the State Civil Apparatus (ASN) of the Ministry of Agriculture to Malang, East Java.

Gufron was brought to the code of ethics trial after being reported by the Secretary-General of the Ministry of Agriculture 2021 '2023 Kasdi Subagyono to the KPK Council in December 2023 on suspicion of abuse of authority, for intervening in the decision of the Ministry of Agriculture by assisting the mutation of an ASN named Andi Dwi Mandasari (ADM).

The KPK Council also said that the thing that weighed on Ghufron was not supporting the government's efforts to eliminate nepotism practices by using the influence of the KPK leadership, not maintaining the dignity of the KPK as an anti-corruption agency and creating a bad image of the KPK in the bad community.

Therefore, Dewas gave a "medium" sanction in the form of a written warning not to repeat the actions and deductions of income by 20 percent for 6 months. Thus, said Tumpak Hatorangan Panggabean, as Chairman of the KPK Council, read out the verdict, at the KPK Anti-Corruption Education Center Building, Friday. September 6.

In the process of being investigated by Dewas, Gufron tried to escape, and even fought several times. By reporting to the Criminal Investigation Unit of the Police, to the Administrative Court until he arrived at the Supreme Court he questioned and argued that the complaint against him which was then followed up by the PKK Council was a case whose validity had expired, because it had been reported since March 2022.

Bahkan Gufron mencoba menyerang dengan laporan hukum ke PTUN dan ke Dewas sendiri terhadap salah satu anggota Dewas KPK, Albertina Ho dengan mengulik kasusnya dugaan penyalahgunaan kewenangan, karena meminta hasil transaksi keuangan pegawai KPK kepada PPATK. Pernyataan Gufron yang menilai pengaduan atas dirinya telah terusai dilaporkan Maret 2023.

Of course, Gufron's statement was refuted by the Chairman of the KPK Council, Tumpak Hatorangan Panggabean. "People's reports have been submitted to the Council for not a year so it has not expired. That's our understanding," said Tumpak, as quoted by Bloomberg Technoz.

Criticism Against Light Sanctions

Deputy Chairperson of the KPK Nurul Ghufron (Photo: Wardhany T/VOI)

"It's okay"

"It's okay"

"It's okay"

"It's okay"

However, even though Dewas has tried cases of ethical violators against the KPK leadership, by imposing a penalty in the form of a 20 percent salary cut, for 6 months. However, this suspicion does not escape public criticism, which again sees sanctions for high-ranking officials who are always light and do not cause a deterrent effect or become a calculation of violators.

Coordinator of the Indonesian Anti-Corruption Society or MAKI, Boyamin Saiman, stated that he was dissatisfied with the sanctions given by Dewas to Gufron. "The principle is to respect the decision of the KPK Supervisory Board, although I am not satisfied," said Boyamin when contacted, September 16, 2024. He previously calculated that the sanctions for Gufron would be heavier because of the violations he made.

He admitted that he did not agree with Dewas, who considered Nurul Ghufron not to be detrimental to the government, so he was only given moderate, not severe sanctions. Boyamin assessed that Gufron had still harmed the government. for what reason, the governance of civil servants already has the standard rules.

Sanksi Dewas ini dianggap sangat murah jika dibandingkan dengan dampak yang diakibatkan. Menurut Boyamin, dengan hanya dikenakan 20 persen uangnya sangat ringan. Karena sebagai wakil ketua KPK, Gufron, sebulan bisa mengantongi pendapatan hingga Rp 112 juta ujar Boyamin kepada Voi.

This case also confirms the view that law enforcement in Indonesia is often lame. High-ranking officials, politicians, or individuals who have a strong influence often get light sanctions, or even escape legal sanctions. Meanwhile, law enforcement against small communities or lowly employees is much more assertive and fast. This reinforces criticism that law enforcement in Indonesia is still "sharp downwards, blunt upwards."

The case of Nurul Ghufron at the KPK is the latest example of this pattern, where abuse of authority or ethical violations involving high-ranking officials often only leads to light administrative sanctions, such as salary cuts or reprimands. The public hopes that in the future, law enforcement can be fairer and more transparent, regardless of the position or social status of the perpetrators.

Similar cases also occurred in 2 cases handled by the previous Council and involved the KPK leadership, namely the Firly Bahuri case and the Lili Pintauli case, all three ended with light sanctions, so they did not cause a deterrent effect and became a concern.

The case involving Firli Bahuri, Chairman of the 2020 KPK. Firli was given a sanction from the KPK Supervisory Board for violating the code of ethics. Firli was proven to have a luxurious lifestyle using a private helicopter on his way from Palembang to Baturaja. Despite violating the principles of integrity and simplicity mandated by the KPK leadership, the sanctions imposed on Firli were only in the form of a written warning.

This case sparked widespread criticism from the public, because it was considered that the KPK leadership should be an example in maintaining ethics and integrity. The sanction is considered inadequate, considering that Firli's actions tarnished the image of the KPK as an institution that is expected to uphold anti-corruption values.

Third, in mid-2021, the KPK Supervisory Board also decided that the Deputy Chairperson of the KPK, Lili Pintauli Siregar, was proven to have committed an ethical violation because he was related to the litigants at the KPK, namely M Syahrial, the former Mayor of Tanjung Balai North Sumatra who was named a suspect in the 2019 position auction bribery. The fiber of abuse of influence as the head of the KPK.

However, the KPK Supervisory Board again imposed light sanctions on KPK leaders who committed violations. The sanctions given were deemed incomparable to Lili Pintauli's behavior which had damaged the credibility of the KPK, "because only sanctions were given in the form of cutting her basic salary by 40 percent for 12 months.

"Referring to Perdewas 02/2020, Lili Pintauli should be given a sanction, in the form of being asked to submit her resignation as a KPK leader." wrote ICW, on its official website.

Impact On Public Trust

Light sanctions against Ghufron and other KPK leaders. Not only tarnishing the image of the KPK, but also raising public doubts about the commitment to eradicate corruption in general. In the midst of efforts to strengthen bureaucratic reform and law enforcement, this case is a bad signal that the law can still be tightened for the sake of the elite.

Public trust in the KPK and other law enforcement agencies is actually an important asset in eradicating corruption. If the law is not fair and consistent, then the public will be increasingly skeptical of the eradication of corruption in this country. This case also strengthens the view that reform within the KPK is still far from expectations.

The issue of law enforcement that is sharp downwards but blunt upwards will continue to be in the spotlight. The public is waiting for decisive steps to improve this situation, especially strengthening anti-corruption institutions such as the KPK. Otherwise, Indonesia's dream of being free of corruption is just wishful thinking.