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Law Testing Time for Integrity
Factions in the Legal Commission are drafting an integrity pact for the selection of candidates for KPK Chairman. Busyro Muqoddas refused to be called the nominee trusted by the government.
THE “mini” meeting had to move to another place. Drafting a pact of integrity for prospective leadership of the Corruption Eradication Commission (KPK) for two hours in the Legal Commission room of the House of Representatives (DPR), three commission members had reached no consensus yet. It was about time for fast-breaking. On Tuesday last week, the three, Bambang Soesatyo (Golkar faction), Syarifuddin Sudding (People’s Conscience Party faction), and Ahmad Yani (United Development Party faction), promptly left for Hotel Mulia. They chose to continue the meeting at a restaurant.
Served with kolak (compote), sweet tea and snacks, they resumed their discussion. It took only another half an hour for them to finish the draft already formulated since the two candidates for KPK Chairman, Busyro Muqoddas and Bambang Widjojanto, were announced. The meeting was over as the call for dusk prayer was heard. “This draft is some kind of a contract with the House,” said Ahmad Yani.
The integrity pact document will be a trial for Busyro and Bambang when they undergo a fit-and-proper test in the Legal Commission after Idul Fitri. The government proposed their names to the House on Tuesday last week. Based on the KPK Law, the DPR is allowed three months to select one of the two hopefuls to replace Antasari Azhar. Following the screening, according to Ahmad Yani, the DPR will summon all KPK leaders for the election of its chairman. “So the chairman will be elected from the five commission leaders,” said Ahmad Yani.
This integrity pact, explained Ahmad, would be a kind of commitment to thoroughly settle some cases in the KPK seen by the DPR as making no progress. The cases include those of the Bank Century bailout, alleged information technology equipment fraud in the 2009 elections, misuse of state revenue like taxes and cost recovery in the oil and gas sector, transfer pricing, and Bank Indonesia liquidity support. The elected leader is given six months’ time to raise their status from examination to investigation. “Certainly it should be done by finding out their suspects,” added Ahmad.
Bambang Soesatyo said some of the cases had in fact borne strong evidence. He cited the Bank Century case as an example. The KPK, he noted, was the first agency initiating the request that the Supreme Audit Agency conduct an audit on Century. According to Bambang, the DPR also sent its inquiry results on the case to the KPK. Besides, he added, the 2009 elections information technology case remained at the level of examination, never reaching investigation. “The KPK leadership therefore should not only dare to seize House members,” said Bambang, “but should also have the guts to face those in power.”
The integrity pact, indicated Bambang, would be the yardstick of success of the elected chief. If the commitment is not met within six months, the mandate from the House will be withdrawn and the leader will have to resign. So, added Bambang, the pact would constitute a trump card to gauge the performance of the KPK leader elected later. “We don’t want to bear the brunt of selection like that of Antasari Azhar,” he pointed out.
However, a Tempo source, also a Legal Commission member, referred to another aim of the integrity pact. According to this source, the pact is no more than a “weapon” to fail the candidate who is considered the one “trusted” by the government. This nominee is Busyro Muqoddas. Busyro, said the legislator, was chosen by the government for being seen as capable of “safeguarding” cases that plague government officials.
Another Legal Commission member—also asking not to be identified—described the passing of Bambang Widjojanto only as paving the way for the election of Busyro. With his background as a critical attorney, he said, Bambang is a figure the House finds it hard to accept. “He’s regarded as stern and always viewing everything through his blinkers.”
The supposed presence of “some hidden purpose” behind the integrity pact was denied by Bambang, Ahmad Yani, and Syarifuddin Sudding. The three insisted that the draft was merely intended as a means of commitment trial. The selection committee head, also Minister of Justice & Human Rights, Patrialis Akbar, refuted the assumption of any candidate the government had “trusted.” The two hopefuls, said Patrialis, got their chance because they both secured highest scores. Busyro himself refused to be called the government “trusted” one. “It’s too tendentious,” he said.
Of the nine Legal Commission factions, said Bambang, only the Democrat faction and the National Awakening faction had not yet agreed with the integrity pact. So, out of 53 members of the Legal Commission, 16 did not yet approve the draft.
A Tempo source from a major faction spoke in a whisper that agreement with this pact actually reflected support for one of the candidates. The number approving the draft, according to him, reaching 37 from seven factions, mirrored their support for Bambang. The rest, 16 members from the Democrat faction and the National Awakening faction, could be seen as backing Busyro. “The House wants a candidate with the courage to face the government,” he said.
The Indonesian Democratic Party of Struggle (PDI-P) faction, supporting the integrity pact, also proposed the requirement that the chosen head should dare to investigate cases connected with the authorities. PDI-P faction representative Gayus Lumbuun and PDI-P faction member Trimedya Panjaitan, for instance, said their faction would choose the candidate not sent by the government. They regarded the KPK’s independence as declining so that a figure outside the government is needed. “Of course, he should have the nerve to investigate Century,” said Gayus. Trimedya even affirmed his faction was prepared to face the coalition parties that would most likely choose Busyro.
As for the coalition support, according to Bambang Soesatyo, it depends on the Joint Secretariat. “It’s what I’m worried about,” he said. So far, his party as a government coalition member has still allowed freedom to its cadres to choose. If the Joint Secretariat intervenes, Bambang believed Busyro would win. “It’s due to some government resistance to Bambang,” he claimed.
But, said Syarifuddin, the selection map of both candidates could also depend on the backgrounds of Legal Commission members. “It can thus be based on subjectivity.” Ex-attorney commission members, he added, might select Bambang with his lawyer experience. Busyro could be chosen by the Islamic faction because he is a cadre of Muhammadiyah. Central Board Chairman of Muhammadiyah Din Syamsuddin himself has indeed asked the Justice & Prosperity Party (PKS) faction to pick Busyro. So far PKS Secretary-General Anis Matta has suggested his party will consider Din’s request.
For the Democrat faction, both Bambang and Busyro have equally high integrity. With such personality, said Democrat faction member and also Legal Commission Chairman Benny K. Harman, there should be no integrity pact. Moreover, added Benny, deadlines had been set for settling the cases mentioned. “We will reject the draft because it’s obviously against legal decorum,” noted Benny. Benny strongly denied rumors saying his faction was canvassing support for Busyro. The decision in the KPK, he said, should be a collective and collegial one rather than individual.
ToTempo, both KPK-leader candidates, Busyro and Bambang, claimed they were ready for the integrity pact. If elected, they expressed preparedness to conduct internal reordering and inquire into corruption cases without discrimination. They also claimed they would not feel defeated even if not chosen. “It means the victory of corruption eradication,” remarked Busyro.
For Indonesia Corruption Watch (ICW), the selection in the DPR is actually the toughest test subjected to both contenders. What’s more, said ICW Deputy Coordinator Emerson Yuntho, Busyro and Bambang as candidates should definitely oppose bribery practices in order to succeed. ICW has dubbed the two “empty-hand warriors.” Since the DPR doesn’t want to lose, added Emerson, the integrity pact was made. “It serves more as an attempt to accommodate the interests of some factions,” concluded Emerson.
Anton Aprianto
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