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The Corruption Eradication Commission’s non-active commissioner Bambang Widjojanto is summoned by the Commission (Related Party) as expert in judicial review session on Act of the Corruption Eradication Commission and the Criminal Procedure Code, on Monday (23/11) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

The Corruption Eradication Commission’s non-active commissioner Bambang Widjojanto is summoned by the Commission (Related Party) as expert in judicial review session on Act of the Corruption Eradication Commission and the Criminal Procedure Code, on Monday (23/11) at Plenary Room, the Constitutional Court Building. In front of Justice Panel led by Deputy Chief Anwar Usman, Widjojanto delivers that corruption is committed on various modus operandi. Therefore, he further says, the Corruption Eradication Commission (Komisi Pemberantasan Korupsi –KPK) needs to be independent and supported by monoloyalty law enforcers.

Widjojanto delivers the statement to respond Applicant’s petition which requests that KPK’s inquirers and investigators shall only derived from the police. In other words, the Applicant requests the Court that the KPK has no rights to appoint and dismiss independent inquirers and investigators. The Applicant considers his arrest is not complied with procedures.

Delivering Expert testimony, Widjojanto explains that Indonesia faces with rampant corruption. Various modus operandi is used to commit corruption. He assesses that such condition is very harmful. Moreover, he argues that corruption is the centre of meeting point of other criminal offenses, such as trafficking and money laundering.

Widjojanto asserts that independent law enforcement institution needs to handle corruption eradication. Moreover, he explains that recently international community tends to prefer independent corruption eradication institution that entitled to appoint and dismiss investigators.    

“Only three countries which the investigators of anti-corruption agencies are not permanent staffs, which are Brazil, Nigeria, and Sri Lanka. Most of the anti-corruption agencies in the world have authority to appoint and dismiss its inquirers and investigators. Indonesia anti-corruption agency combines staffs that derived from the police and staffs that appointed by the KPK,” said Widjojanto.

Moreover, Widjojanto says that the authority to recruit and dismiss staffs, particularly inquirers and investigators is one of the principle of anti-corruption agency which initiated by United Nations Development Programme (UNDP). The authority is in line with several Acts which regulate the existence of investigators, as stipulated in Article 6 (1) the KUHAP. Investigators are not just derived from the police and civil servants, but also it may derive from other professions such as navy officers as stipulated in Article 14 (1) Act Number 5 Year 1983 of the Exclusive Economic Zone (UU Zona Ekonomi Eksklusif). Article 30 (1) letter d Act Number 16 Year 2004 of the Indonesia Attorney General’s Office (UU Kejaksaan RI) also regulates that prosecutors by law have duty and authority to conduct investigation on particular criminal offenses. 

“The conclusion above is appropriate with Article 17 which regulated in Government Regulation Number 27 Year 1983 which stated ‘Investigators according to specific provision of criminal procedures as referred in Article 284, is done by investigators, prosecutors, and other investigator staffs that authorized by legislation.’ (‘Penyidik menurut ketentuan khusus acara pidana sebagaimana tersebut dalam undang-undang tertentu sebagaimana dimaksud dalam Pasal 284, dilaksanakan oleh penyidik, jaksa, dan pejabat penyidik yang berwenang lainnya berdasarkan peraturan perundang-undangan.’). The Article above is actually has provided firm formulation and scope which regulates that investigation could be carried out by investigators, prosecutors, and determined investigator staffs, not just by police investigators,” said him. (Yusti Nurul Agustin)  

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