Tuesday, December 11, 2007

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.

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