Agenda Hundred Days Corruption Eradication Commission Part II

By: Firdaus Arifin
Writer: Lecturer Constitutional Law Section and Secretary of Constitutional Studies Center Faculty of Law, University of Pasundan, Bandung, West Java, Indonesian.
Published by: Indonesian Constitutional Law 2008.

A LONG series of candidate recruitment process management / commissioner of the Corruption Eradication Commission (KPK) which lasted for several months, finally finished already. Five of the commissioner of the Commission of the fit and proper test (fit and proper test) conducted by the House of Representatives Commission III at the beginning of December last (15/12), was officially inaugurated by President Susilo Bambang Yudhoyono became the leadership of the Commission or the 2007-2011 period the Commission Volume II, on Tuesday afternoon, December 18, 2007 and, at the Palace Jakarta. The fifth person who was appointed commissioner of the Commission Part II, namely, Antarsari Azhar, Chandra M. Hamzah, Bibit Samad Rianto, Haryono and Mochammad Jasin. The five commissioners assigned to the Commission Volume II through Presidential Decree (Decree) No. 117/P/2007. In addition, with the same decree, President Yudhoyono dismiss with respect to the period 2003-2007 the Commission commissioner or commissioner of the Commission Volume I.

Thus, the current anti-corruption baton has officially changed hands to the commissioner of the Commission Volume II. Related to the composition of the Commission Volume II commissioner assessed by a number of the very poor and disappointing, in my opinion, it should be less problematic again in a protracted. Because the content is not satisfied, we all have to accept it. In short, because the President has inaugurated the five commissioners of the Commission Volume II (although not satisfy many parties) then we should give the opportunity to work and perform his duty well, with the encouragement and strict supervision of all of us. Because no matter what the future, the Commission remains a pedestal and we all hope in the war against corruption which is very chronic in this republic.

Now, after the inauguration, the first hundred days of his leadership, at least there are three main agenda to be done by the commissioner of the Commission Volume II. Third agenda, namely, first, to prove its commitment to eradicating corruption. As we know, many people today who still doubt and to doubt the Commission's commissioners committed Volume II in combating corruption. Even not only that, now even in some circles has emerged and developed the assumption that the commissioner of the Commission is Volume II only "puppets" of political members of the Parliament, elected in order to protect the corrupt practices committed by the legislators. Therefore, many doubts and negative sentiments have been terminated immediately and answered by the commissioner of the Commission Volume II by proving its commitment to scrape out corrupt practices that occurred during this. Way, immediately perform various moves or stern action against all corrupt without a "selective logging", with a permanent foothold in the law and justice that coveted feeling of many people.

Second, immediately set priorities and work programs of corruption cases to be resolved by the Commission for four years. In determining priority of work programs, priorities should not just focus on only one sector (prosecution), but must include every sector, whether such prevention, Part II, commissioner of the Commission may determine the priorities for reform of the bureaucratic system. Because, without any improvement in the bureaucratic system that tends to corrupt, then the process of eradication of corruption will certainly experience obstacles and a stalemate. Furthermore, in the enforcement sector, commissioner of the Commission Volume II can take some priority cases that tend to have a profound effect in the territories of different countries. For example, by completing one of the biggest corruption cases occurred in the legislative, executive, and judiciary. As for asset recovery system and cooperation, commissioner of the Commission Part II must immediately begin to build a system that integrates with existing systems so far. Among other things, to include other relevant like, BPKP, INTRAC and the CPC in tracing the money that the state will or have been robbed by the corrupt.

Third, once fully completed, all arrears of corruption cases that have the glare of the public in the country over the years, as the case of flows of funds the Department of Marine and Fisheries (DKP), funds flow case of Bank Indonesia (BI) to the House of Representatives, the case of Bank Indonesia liquidity assistance (BLBI), and must dare to investigate cases of corruption among law enforcers like the police, prosecutors and courts. In addition, the commissioner of the Commission Volume II also must immediately follow the results of recommendations from the Government Account Control Team (TPRP) Ministry of Finance (MoF) on account of the alleged "wild" in some departments institution with a total value reached Rp1, 097 trillion and U.S. $ 100,000, which was launched in mid-December. Furthermore, associated with the completion of a number of corruption cases above, the commissioner of the Commission Volume II also need to reinvigorate the implementation of the coordination and supervision duties CCA with other law enforcement officials (prosecutors and police). So far the implementation of the coordination and supervision duties the Commission, especially in the area is still limited to a mere formality. Requests the Commission to the various regions to monitor the handling of corruption cases committed by police and prosecutors, has not revealed a pattern of ongoing and encouraging results.

We hope, the third on the agenda can be implemented by the commissioner of the Commission Volume II in the first hundred days of his leadership. This is because most people think, the first hundred days will be the first picture to see and assess the future of the Commission. Even if, in the first hundred days of leadership, commissioner of the Commission vol II can move toward achieving that commitment had spoken before the Commission was elected as commissioner, then there is hope for a change to the better. However, if the deadline was not a surprising achievement, commissioner of the Commission is likely only Volume II will repeat the failures like the one done by his predecessor, commissioner of the Commission) Part I. Finally, we can only pray and hope that it does not just happen.

Selengkapnya ..

KPK and the Legislative Bribery Scandal

By: Firdaus Arifin
Writer: Lecturer Constitutional Law Section and Secretary of Constitutional Studies Center Faculty of Law, University of Pasundan, Bandung, West Java, Indonesian.
Published by: the Daily Pikiran Rakyat, 11 Desember 2007.

NOT LONG AGO, the House had glare associated flow of funds by Bank Indonesia (BI) that was allegedly entered into the private pockets of members of the House of Representatives Commission IX in charge of financial and banking issues. Bribes amounting to Rp 31.5 billion was allegedly intended to streamline the process of discussion of a number of bills (Bill), among others, the Bill of Bank Indonesia, Draft Deposit Institutions, Bankruptcy Bill, and the draft National Development Planning System and BLBI problem-solving process in 2004.

The issue that shook the legislative bribery is clearly not the first. In 2002, never sticking issue of bribery in the House of Representatives Commission IX in the case of divestment of Bank Niaga. This issue was first revealed by Meilono Suwondo and Indira Damayanti (formerly PDI Struggle Faction).

Both stated that the National Bank Restructuring Agency (IBRA) had bribed several members of Commission IX to launch a process of divestment of Bank Niaga.

According to them, the amount of bribes that occurred in the process of divestment of Bank Niaga was estimated from 1000 U.S. dollars and 15,000 U.S. dollars. Furthermore, in mid-2006 also uncovered cases of the Department of the Interior envelope that was sent at the request of the Chairman of the Special Committee on Aceh Governance Bill, Ferry Mursyidan Baldan.

Note the above will be more and more when added to other issues bribes. Call the issue of counterfeit money bribes between A.M. Fatwas and Permadi, allegations of money politics practices involving Theo Syafei in local elections in East Kalimantan, which involves the issue of bribery in elections Pramono Anung Governor of Bali, the issue of bribery in the case of the sale of tankers (VLCC) owned by Pertamina. Then the issue of bribes from the flow of funds the Department of Marine and Fisheries (DKP). Rampant bribery cases involving members of Parliament to be the main indicator to assess the Parliament's commitment in eradicating corruption that has so far remained very low.

The habit of taking a bribe members of parliament had been a long time. These habits, it is said, has become a kind of common knowledge among high officials in the republic. Members of Parliament often get rewarded when carrying out duties. Not only when carrying out legislative functions in the context of lawmaking, but also in terms of budget implementation and oversight functions.

Modus operandi can vary, be through meetings discussion of the bill, a working meeting at the commission, budget committee meetings, working visit, meeting a special committee bill, and a special committee meeting cases. Giving bribes were not only in the form of cash, but also in the form of valuables such as traveler's checks or jewelry.

Ironically, there never was a single case of bribery that were uncovered and resolved completely. Let alone to try and process it, to find out who are the members of Parliament who are involved bribes, very difficult. What factors about who caused the demolition of the legislative bribery becomes difficult?

At least there are three factors that caused the difficulty dismantling bribery committed by the legislators. First, mechanisms and procedures used in the dismantling of this long bribery still using conventional methods. Supposedly, mechanisms and procedures used are ways unconventional.

Second, the dominant political approach used in resolving cases of bribery involving members of Parliament rather than the legal approach. As a result, not infrequently the case of bribery involving members of Parliament ended with the customary settlement. Third, the National Honor (BK) DPR as the spearhead and the starting gate handling deviations practices (bribery and corruption), yet can perform tasks and functions optimally. Non optimal BK duties and functions of Parliament are due to the presence of procedural obstacles in the processing of each alleged ethics violations committed members of the House.

In addition, a high sense of solidarity to protect his colleagues (l `esprit de corps) and the passive attitude of the House BK is an important cause of non optimal performance in Parliament BK dismantle and prosecute bribery committed by the legislators during this.

Reflecting on the experience of the above, there are two important things to note. First, the approach should be more forward than the legal approach to political approaches. Through the legal approach, is expected to reveal the facts of law and who are the members of Parliament involved in the bribery case.

Second, the solution process should not only rely on the results of tests done by the Parliament BK alone. If you only rely on the results of the Parliament BK, feared the case of BI funds flow into the House of Representatives can not be completely revealed.

Therefore, the resolution of the BI funds flow case to the House of Representatives should be submitted in full to the Corruption Eradication Commission (KPK). KPK is only the most appropriate institutions to investigate and dismantle completely the case of BI funds flow to the members of the House. Besides having a very large authority, the Commission also has some experience and brilliant achievements in terms of dismantling the various bribery involving a number of high officials in this country. Several cases of successful bribes completely dismantled by the Commission include the bribery case involving a lawyer Probosutejo, Harini Wijoso, and employees of the Supreme Court (MA) Pono Waluyo. The latter is the case of bribery involving the Judicial Commission commissioner (KY) Irawandy Joenoes.

Finally, we hope at the end of the devotion, the warrior-warrior vol Commission can provide a nice parting gift in the form of success in investigating and dismantling it completely scandals involving bribery of the legislators. Hopefully.

Selengkapnya ..

Legal Research Report 2007

MAPPING THE GOVERNMENT OF ACEH UNDER AUTHORITY OF LAW NUMBER 11 YEAR 2006
(A Study To Forms and Opportunity Dispute Center-Regional Relations Postgraduate Enabling Act 11/2006)

By: Firdaus Arifin
Writer: Lecturer Constitutional Law Section and Secretary of Constitutional Studies Center Faculty of Law, University of Pasundan, Bandung, West Java, Indonesia.
Published by : The Aceh Institute, 2007.
Abstract

Concerning to authority owned by Aceh after authorization of the UUPA, there is at glance no differences with authority owned by other regional governments. The given authoritative shapes and scopes to Aceh government is not specifically explained, among other, who will describe in details those authorities as well as it will become absolute authority of the Aceh government to formulate authorities that in turn becomes Aceh government affairs in the future, or whether those mentioned authories would be described in detail by central government throughout governmental regulations as it is applied to other regional governments. Central government must make uniform legal products in “norms”, “standard”, and “procedural” production so as they will not reduce authority owned by Aceh government and its regency/municipality governments as a region bestowed with specific and preferred status. And, it will build an intensive communication between Aceh government and regency/municipality government in compilation of affair divisions among province and regency/municipality government.

See complete in Aceh Institute Research Report, www.acehinstitute.org

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