Sunday, December 13, 2009

KPK Breakthrough Awaits

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, 4 Oktober 2009.

AFTER delayed for several days, due to national disasters earthquake occurred in Sumatra, ultimately President Susilo Bambang Yudhoyono (SBY) officially announced the names of three leadership tasks while implementing the Corruption Eradication Commission (KPK leadership Plt) on Monday afternoon, 5 October 2009. Third person "lucky" chosen by President SBY to occupy the "hot seat" Plt leaders was a former Commission Vice-Chairman of the Commission 2003-2007 Prosecution Division, which is currently a member of the Board of Commissioners of PT Pos Indonesia (Persero) Hatorangan Tumpak Panggabean, Senior Advisor the Law Reform Human Rights Program and Access to Justice UNDP Mas Achmad Santosa, and former Deputy 2003-2007 Prevention Commission and current Director and Human Resources of PT Pertamina (Persero) Waluyo (Mind People, 06/10/2009).

Plt third person elected leadership of the Commission that President SBY is a recommendation of the crawl team which was established by five Government Regulation Act penganti (Perppu) No. 4 Year 2009 about PLT Commission. Later the three leaders Plt this Commission will serve as the three men to replace the leadership of the Commission who are tangled in the criminal law issues Antasari Azhar, Chandra M Hamzah, and Bibit Samad Riyanto. Antasari tangled murder case Zulkarnaen Director PRB Nasrudin. Meanwhile, seed and Chandra declared as a suspect abuse of authority in determining the status Anggoro grasp of technocrats and Joko Tjandra.

Support Plt Commission Chairman
Thus, a series of candidate selection process Plt KPK leaders who have seized the attention of the public in the country last week, was finally completed. Currently, the locomotive of corruption (KPK) has received an injection of fresh blood (new personnel) and anti-corruption baton has officially shifted to the KPK leadership Plt. For that, the best attitude is that we currently provide support and opportunities to Plt KPK leaders to run the best of duty should fight against corruption. And If it turns out in practice, the Commission will Plt leaders can not work in accordance with the expectations of many, there is no other way, we will demand a busy-busy to President Yudhoyono to KPK Plt leader removed from office immediately.

Related to the question of constitutional or not publishing Perppu No. 4 / 2009 on Plt Commission by President Susilo Bambang Yudhoyono, for granted from now on do not need a lengthy argument. Let then the issue of whether Perppu Plt Commission meets constitutional requirements as outlined Article 22 Paragraph 1 of the 1945 Constitution resolved and decided by testing mechanisms (political review) the forum House of Representatives (DPR). Because only the Parliament is the only state agency authorized by the 1945 Constitution to test whether legal or publishing a Perppu (Article 22 Paragraph 2 of the 1945 Constitution). We believe the House of Representatives 2009-2014 period may provide an assessment of the publication Perppu objetif PLT Commission.

Next on the composition of the Commission led Plt currently assessed by the number of the less than satisfactory, according to the author, it should be less challenged again. Satisfied not satisfied, like it or not, we must accept it gracefully with attitude (Legowo) because this is a consequence of our democratic system that holds. Once we choose democracy, we can not avoid the necessity of letting each person choose freely, apart from the matter we like it or not like the choice of the right to choose it.

Case Finish Megacorruption
Now, after the inauguration, in addition to proving its commitment to the public in corrupt practices which erode the already very chronic in this country, the main agenda of the next Commission Plt leaders was immediately Megakorupsi completed a number of cases that become public spotlight, as the case of bail out (bail) Century Bank State adverse worth 6.7 trillion rupiah. Century Bank settlement of this case should be prioritized by the leadership of the Commission Plt cases compared to other corruption. The reason, the case has drained the country of money so great and has made the shock of the national economy. We hope the Commission Plt leaders can show consistency in the investigation of the case of Century Bank. Because, do not let the case allegedly involving a senior Police Headquarters was stopped in the middle of the road.

In addition to Century Bank case, the Commission also Plt leaders must immediately take over the handling of the case law of the hundreds of trillions Megakorupsi funds of Bank Indonesia liquidity assistance (BLBI) the legal process is stopped (SP3) by the Attorney General Office (AGO) some time ago. As we now know there are at least 14 banks BLBI recipients of legal process is stopped by the AGO. Though the bank's owners have not completed all of its debt obligations to the state. For example, PT Sejahtera Bank Umum (SBU) which receives the BLBI Rp 1.6 trillion. Until now, the family Lesmana Basuki as the owner of SBU Bank still owe a debt of Rp. 800 billion more to the state. However, the legal settlement process instead of SBU Bank stopped by the AGO. In fact, Lesmana Basuki as the main owner of SBU Bank has a poor record of law enforcement in the country. Along with 12 other corruptor, Lesmana Basuki was a fugitive from the AGO. But instead he was released, after the Supreme Court (MA) efforts to grant legal review (PK) for no apparent reason. In addition SBU Bank, another bank 13 BLBI recipients who are still having problems, but the legal process is terminated AGO Industrial Bank, Bank Indo Raya, Jakarta Banks, Bank Subentra, Bank of Enchantment Craft, Dharmala Bank, Diamond Bank, Bank Procedures, Bank Lautan Berlian, Bank Inayasaha, Bank Universal Cosa Graha, Bank of Commerce Industry, and the Bank Putra Surya Perkasa.

Plt's leadership to the Commission should have the courage to call, examine and prosecute all state officials and all those who fail to prevent looting public money through banks, especially by the owner of the bank. Because, do not let happen Syamsul Nursalim case second volume, where relevant now living quietly in Singapore without any legal settlement. Does not the state also missed earlier in the pursuit of corrupt assets Hendra Rahardja who fled to Australia. Even until the end came, he never held accountable BLBI fraud does. All this needs Plt dillakukan by the Commission led to looting public money through the banking crime is not a modus operandi that kept recurring in this country. Hopefully.

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