indonesia anti-corruption experience

7/27/2019 Indonesia Anti-Corruption Experience

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ERRY RIYANA HARDJAPAMEKAS

THE IMPORTANT ROLE OF CIVILSOCIETY IN THE BATTLE AGAINST

CORRUPTION THE INDONESIAEXPERIENCE

Republic of the PhilippinesOFFICE OF THE OMBUDSMAN

MANINDIGAN KONTRA KATIWALIAN

The Ombudsman Integrity Caravan

Manila September 13, 2013


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INDONESIAHighlightsSome features:

Total Population + 240 Million 17,508 islands, 6000 inhabited More 300 ethnics & 724 local

languages Per Capita GDP:US$ 2,246 (09) 1,919,440 km2 (16th) 33 provinces, + 500 districts

(Executive & Legislative DirectEllection )

CPI : 2.8 ('09); 2.6 ('08); 2.3 ('07)
http://images.google.com/imgres?imgurl=http://travel.nationalgeographic.com/places/images/photos/photo_lg_indonesia.jpg&imgrefurl=http://travel.nationalgeographic.com/places/photos/photo_indonesia_indonesia.html&usg=__j6OsaFF2j574d64uz5X5Wy_Fpkk=&h=401&w=599&sz=73&hl=zh-TW&start=5&tbnid=CF1LTlXbdd5iFM:&tbnh=90&tbnw=135&prev=/images?q=indonesia&gbv=2&hl=zh-TW&sa=G


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AGENDA

Introduction The History of Civil Societys Role in Anti-Corruption Reform MTIs Role Case Studies: Antasari

Bibit-Chandra Novel Baswedan Abraham Samad Ethical Committee Decision

Challenges: The DPR The Judiciary Is Civil Society Addressing the Right Issues in Anti-Corruption

Reform?

Conclusion


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History of the Reform Era

Civil Society in Indonesia have always called for anti-corruption reform during Suhartos kleptocraticregime

Reform began in earnest in 1998 during the Asianeconomic crisis which forced Suharto to step down

During the reform era, the Indonesian Society forTransparency, MTI, led the civil society community

in calling for the formation of an independent anti-corruption agency


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The MTI Campaign - 1

MTIs argument was five-fold:There needs to be a national strategy to eradicate

corruption;

Parliament needs to be strengthened to assist inanti-corruption reforms;

The Supreme Court needs to be strengthened toassist in anti-corruption reforms;

An independent anti-corruption agency neededto be formed;

Big fishes need to be caught


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The MTI Campaign-2

An independent anti-corruption agency is an immediatenecessity, especially considering: Public demand is very strong for the eradication of corruption,

collusion and nepotism from state governance; There is high lack of trust in government agencies;

The anti-corruption effort is a very complex, very time-consumingwork that involves multiple actors; and The anti-corruption effort will require strong credibility and

effectiveness in its implementing agency. Importantly, such an agentmust be imbued with sufficient enforcement powers.

An independent anti-corruption agency must have legalbasis: It must be formed under law; and It must be dismantled and limited in terms of mandate and authority

under law only.


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An independent anti-corruption agencymust be correctly placed within thegovernment hierarchy:

It must be of the same level as a State HighAgency; and

It must be responsible to the Parliament through

a special commission within the Parliament.


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An independent anti-corruption agency must have the following functionsand authority: Draft and campaign the National Corruption Eradication Strategy; Investigate and prosecute corruption cases; Conduct searches, seizes, arrests and raids in the course of investigating

corruption cases; Conduct examinations of domestic bank accounts regardless of bank secrecy

regulations; Cooperate with foreign governments to uncover bank accounts abroad that are

thought to host proceeds of corruption crimes; Report results of examinations, investigations and prosecutions to the

Parliament; Examine, review and cancel corrupted transactions; Confiscate and seize any asset that is proven to be the proceeds of corruption

crimes; Provide adequate protection to victims and reporters of corruption crimes; Conduct examinations on taxation information as well as any other data

managed by a Ministry or any other government agency; Receive professional legal immunity in the carrying out of its duties; Use reversal of burden of proof for relevant corruption crimes; Recommend the revocation of corrupted licenses.


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An independent anti-corruption agencyshould be active in the drafting andregulation of:

Professional oaths of anti-corruption forgovernment officials;

Standards of good governance;

Standards of ethics for State officials andemployees;

Conflict of interest regulations;

Public procurement of goods and servicesregulations;


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KPK: A Success for the Civil Society Community - 1

After successful campaigning by MTI, the KPK Lawwas promulgated in 2002.

The KPK started its operations in 2004, and has

maintained a 100% conviction rate since itsformation.

The KPKs success is founded on its initial design asuperbody agency built to address an extra-ordinary

crime.


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KPK: A Victory for the Civil Society Community - 2

The KPKs Powers:

Law Enforcement:

Investigation (including surveillance andwiretapping); and

Prosecution.

Coordination of corruption cases run by otherlaw enforcement agencies, namely the Police andthe Attorney Generals Office

Corruption Fights Back: despite its powers, the KPKcontinues to face challenges in its daily operations.


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Duties ofKPK

(Article 6)

The KPK's Duties(Article 6 Law No.30 year 2002)

Monitoring(Article 14)

Prevention(Article 13)

Pre-investigation,Investigation &Prosecution(Article 11)

Supervision(Article 8)

Coordination(Article 7)


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KPK Achievements

From 2004 to 2013,the KPK has:

1. Conducted 559pre-investigationsof corruption cases

2. Investigated 334corruption cases

3. Prosecuted 257corruption cases

4. Obtained 227convictions; and

5. Executed 236 courtdecisions


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Case Study Antasari

The Antasari case highlights that corruption canfight back even through legitimate processes, in thiscase, the selection process of the KPKCommissioners; and

Aside from addressing the selection process for KPKCommissioners, the case also led to theunderstanding that it is necessary to strengthen the

internal system of the KPK, such that no one officerwithin KPK has any power to subvert it, for whateverreason.


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Weakening of KPK

Framing, case fabrication

and criminalization of duties

of 2 Commissioners

Serious Test of KPK Integrity in 2009

Antasari Case

Bibit-Chandra Case

The Chairman had to be terminated

from position

because he was declared a suspect in

a murder investigation


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Case Study Bibit & Chandra 1

The Bibit-Chandra case highlights the high level ofresistance against the KPK, even within other lawenforcement institutions, as well as the high level ofcoordination between the justice mafia;

Civil society support of the KPK, as well as a highpopularity of the KPK amongst the Indonesianpublic, were instrumental in ultimately providing

justice for Bibit and Chandra; Safeguarding Reforms is a Full Time Job!


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The Cicak Movement! Early on in the conflict,

Police Chief Detective SusnoDuadji, in a pressconference to state that he

knows he has been recordedby the KPK, likened thePolice to crocodiles and theKPK to lizards, intimatingthat the KPK, being of

weaker authority, will lose.The Civil Society has takenthis faux pas and turned itinto a massive supportmovement for the KPK


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Artist of Integrity


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CICAK in electronic and internationalmedia

CICAK has been supported on theonline social website Facebook, withmore than a 1,250,000 supporters forChandra Hamzah and Bibit SamadRianto:

http://www.facebook.com/home.php?#/group.php?gid=169178211590&ref=ts

CICAK featured prominently in oneThe Economist article The GeckoBites Back:http://www.economist.com/world/asia/displaystory.cfm?story_id=14816720

The Wall Street Journal has also runa story about the case that issupportive of the KPK:http://online.wsj.com/article/SB125729270226226567.html


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CICAK CIVIL SOCIETY ANDMEDIA STILL A SUCCESSFULPARTNERSHIP ININDONESIA

The symbiosis between

Indonesian Civil Society and theMedia took its root during theearly days of the reform era, atthe fall of the Suharto regime; byno means does one camp control

the other both camps havealways understood thataccountability and integrity arethe only things that will speaktruth to power.


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THANK YOU


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Case Study Novel Baswedan

The KPK is also vulnerable because its investigatorsand prosecutors must, by law, be on secondmentfrom the Police and the Attorney Generals Office,respectively;

In late 2012, chief investigator Novel Baswedan wastargeted by corrupted elements in Police because ofhis leading role in a high profile corruption caseinvolving a high-ranking police officer;

Civil society and media action revealed the conflict ofinterest, and helped safeguard the KPKsinvestigations.


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Case Study Novel Baswedan

Novel Baswedansreputation at the KPK hasbeen stellar. Thus, it was astraightforward matterfor the civil societycommunity to lead acampaign with Novel aschampion.

The Police had a hard time

fighting this media war dueto Novel Baswedans stellarreputation and resultingpublic support.

C St d Ab h S d d th KPK


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Case Study Abraham Samad and the KPKEthics Committee

In early 2013, KPK Chief Commissioner AbrahamSamad faced the KPKs ethical committee in thematter of a leaked order to investigate a high-profilegovernment officer;

The civil society and media insistence that the KPKproperly process this violation of the KPKsstandards show the higher standards expected by the

Indonesian public of the KPKs conduct.

Case St d Abraham Samad and the KPK


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Case Study Abraham Samad and the KPKEthics Committee

Abraham Samad duringthe disciplinary hearing ofthe KPKs EthicalCommittee over hisethical misdemeanor.

The KPK ethicalcommittee deliberating onthe ethical misdemeanorof the leaking of the Orderto investigate a high levelpublic figure

Challenges for Civil Society in the Fight Against


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Challenges for Civil Society in the Fight AgainstCrime (1)

Civil Society has failed to recruit the Parliament in thecause of fighting corruption

Instead, corrupted elements of society has succeeded incapturing Parliament and using it against the fightagainst corruption: Bills to weaken the KPK and the Corruption Crimes

Law; New law on Mass Organization designed to limit the

coordination and networking capacities of the civilsociety community

The failure to reform the Parliament is caused by a lackof holistic approach: Parliament is the supply, who is thedemand?



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Luthfi Hasan Ishaaq,President of the PKS Party, isinvestigated for his allegedpart in a corruption caseinvolving beef importation.

The KPK hadpreviously investigatedbusinessman AhmadFathanah.



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Due to a high level of state capture ever since the Suhartoregime, repeated efforts to reform the judiciary havefailed;

The failure to reform the judiciary is caused by the failure

to address the justice mafia effectively. The judiciarycreates the supply for corrupted justice. Who creates thedemand?

Developments in the Indonesian judiciary is unbalanced:certain courts such as the Supreme Court and theConstitutional Court are highly developed, but how toaddress the resource issues in developing the DistrictCourts?


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Conclusion

Questions that must be answered in order for theIndonesian Civil Society community to continue tofight corruption effectively: How to prepare and coordinate civil society for

the next phase in the fight against corruption inIndonesia?

How to bridge coordination and effectivecollaboration between civil society, thegovernment, and the private sector?

How to further assist the KPK in developingeffective defenses against corruption fightingback?


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Combating Corruption: A Collective Effort by

Countrys Stakeholders

Civil Society Private Sector

Government

CorruptionEradication


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Thank you

indonesia anti-corruption experience

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