Regulation for Protecting Public Officials

Department of Justice and Human Rights Has Not Been Notified
Tuesday, 23 May, 2006 | 15:13 WIB

TEMPO Interactive, Jakarta: The Department of Justice and Human Rights said it is not yet aware of the draft regulation for protecting public officials from criminal case investigation. “We don't know yet and the information hasn't been delivered. Perhaps it is assigned to another institution,” said Director General of Legal Matters at the Department of Justice and Human Rights, Oka Mahendra in Jakarta yesterday.

Vice President Jusuf Kalla last Sunday said the government was preparing the regulation to protect public officials from criminal case investigation. “We're still waiting for the President's decision to sign it,” said Kalla.

According to Oka, usually the idea to formulate a regulation is the institution assigned by the President or Vice President to create the draft. After the draft is completed, it is coordinated with the Department of Justice. At this stage, said Oka, the draft will be synchronized with related higher regulations and laws. “If it contradicts the higher regulations and laws, it will be rejected,” he said.

Regarding the rules on state officials who commit crimes, according to Oka, this is already regulated in the Criminal Code. “Those who commit crimes will be brought to trial,” he said.

As public officials included in the State Administration Board, like President, Regents, Governors, and Ministers who make a mistake in taking a decision, which put someone at a loss, they can be brought to the State Administrative Court. “If the officials are indeed wrong, why should they be protected by a law?” asked Oka.

According to him, until now he has not yet been able to comment on the plan for the officials’ draft protection ruling. Oka admitted he did not know the form of the draft, whether or not it was a law, a government regulation, or Presidential Decision.

From the parliament complex in Senayan, Jakarta, the House of Representarives (DPR) Chairman Agung Laksono said Kalla's statement regarding the officials protection ruling is not to defend the public officials. “It was explained to me directly by Jusuf Kalla,” he said. According to Agung, what the Vice President wants is to carry out all procedures proportionally.

Agung explained if someone or an institution wants to examine a state official suspected of corruption, it must be approved by the President. The President, said Agung, will assign the Inspector General of the public official to supervise the suspect. “If a crime is proved, it will be reported to the Attorney General's office. Meanwhile, if the finding is a policy mistake, said Agung, it is sufficient to be brought to the State Administrative Court.

Endang Purwanti and WAHYUDIN Fahmi