KPK’s aggressive sting operations create momentum to reinforce prevention

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IO, Jakarta – Corruption Eradication Commission (Komisi Pemberantasan Korupsi – “KPK”) Chairman Agus Rahardjo stated that KPK may halt its sting operations after the revisions to Law No. 30 of 2002 concerning KPK are officially enacted. “The Minister has expressed his hope that there will be no more sting operations in the second term of the Government. However, I do not know and I wonder – is there to be no more sting operations because we are to focus our efforts on preventing corruption, or is KPK being shut down?” Agus stated in Jakarta on Tuesday (15/10/2019), during the launch and socialization of Regulation of the Minister of Home Affairs Number 70 of 2019 concerning the Regional Government Information System (Sistem Informasi Pemerintah Daerah – “SIPD”). 

The event was hosted by the Minister of Home Affairs Tjahjo Kumolo, and attended by hundreds of Regional Secretaries and representatives of Regional Development Planning Agency (Badan Perencanaan Pembangunan Daerah – “Bappeda”) from all over Indonesia. “I still don’t know even now, because when I asked the Minister in my capacity as the Executor of Minister of Justice and Human Rights’ Duty; he could not answer me. Even when I asked him whether the Government Regulation in lieu of Law (Peraturan Pemerintah Pengganti Undang-undang – “Perppu”) concerning KPK will be issued or not, he still could not supply an answer,” Agus said. 

According to Article 73 Paragraph (2) of Law No. 12 of 2011 concerning the Creation of Rules and Regulations if a Draft Law is not signed by the President within at most 30 days since the Draft Law is commonly approved, it is officially made Law and must be enacted. The Revised KPK Law was validated in the House of Representatives (Dewan Perwakilan Rakyat – “DPR”)’ Plenary Meeting on 17 September 2019, with a revision period of only 13 days since the DPR’s Legislative Body (Badan Legislatif – “Baleg”) suggested the KPK Law revision. In other words, the revised KPK Law will automatically come into force on 17 October 2019. 

In this month, KPK has become more aggressive with its sting operations. Last week, 6 October 2019, KPK performed one against the Regent of Lampung Utara, Agung Ilmu Mangkunegara (AIM). This week, KPK arrested two other regional heads, i.e. the Regent of Indramayu Supendi and the Mayor of Medan, Dzulmi Eldin. 

Minister of Home Affairs Tjahjo Kumolo wonders why there are still regional heads who get caught up in sting operations. “That’s what make me sad and worried. I have always said to myself ‘This is the last one’ but yet it continues,” he said at the Vice President’s Palace, Jakarta, on Tuesday (15/10/2019). 

Meanwhile, Transparency International Indonesia (“TII”) General Secretary Dadang Trisasongko stated that the Government must work harder to strengthen corruption prevention. “Mr. Tjahjo’s statement is an expression of his concern over the amount of corruption performed by regional heads within the past five years. However, the Government must still work harder to develop a corruption prevention system,” he said. 

Dadang believes that Tjahjo has faithfully reminded regional heads to stay away from doubtful, corruption-prone areas. However, the reminder must also be accompanied with the strengthening of a prevention system. “When the Government states that their officials must avoid corruption areas, that means that they should know where these areas are. Therefore, building a prevention system is actually critical by now. Reminders are simply not enough,” he said. “These series of sting operations should generate the momentum for strengthening our prevention system. Even without sting operations, KPK will still be able to expose corrupt practices.” (dsy)