| |
GOOD GOVERNANCE
2009, 2008
[November 2009]
Momentum for Self-Reflection of
Public Law Enforcers. Following the
publicly-broadcasted the notoriously
bribery-conversation over the
telephone of 4 hours and 30 minutes
between a number of high rank police
officers, officers of general
attorney and businessmen as tapped
by the KPK mid 2009, public is
hailed to rage and brought all those
officers and institutions at the
lowest trust as the conversations
indicated strong evidences of a
corrupt police and the AGO including
a scenario to tear down two deputies
of KPK. The breakthrough at the
Indonesian Constitutional Court to
publicly heard the recording held
numerous comments from law academics
and reformist says that it is the
right time to make self-reflection
for reformation at those law public
enforcers, not only of institution
reform, but also to speed up
corruption extermination. Since
1999, corruption extermination has
been supported by 5 laws and 13
regulations, 3 laws as legal basis
for each police institutions and
AGO, is seen more than sufficient to
establish a good governance in
Indonesia. The police institution in
particular, has been at the lowest
public trust and disgrace so far,
for its reformation is seen merely
only at structural levels instead of
cultural reform, according to a law
professor at a state law school.
Whilst transparent recruitment and
merit system for a new police member
must be implemented accordingly to
secure and to assure that the best
persons are recruited, in spite of
to increase its welfare, which other
law academics sees welfare increase
is irrelevant. Public urge to
conduct total reform accordingly, to
avoid street mass rage, which is now
clearly seen, as well as 1,3
millions Indonesians facebookers
supports toward the legal settlement
of the current bribery by the said
Indonesian-Chinese businessmen
Anggoro Widjoyo and Anggodo Widjojo
toward the police and AGO, and
further the police and AGO grand
scenario to disfunction and
authority dismantle of KPK.
Ex Head of Banten High Attorney
Office Found Guilty For Arresting
Prita
The Indonesian Attorney General
Office Inspector found guilty 3 of
the 7 public attorneys involved in
the of Ms. Prita Mulyasari case, for
the disciplinary violation during
the arrest and detain. The said 7
public attorneys are; Ex Head of
Banten High Attorney Office Dondy K
Sudirman, the Head-Section of
Prosecution Raharjo, the Document
Examiner Attorney Rachmawati, the
Head-Section of General Criminal Act
of Tangerang Second Instance Office
M Irfan Jaya, the Assistant of
General Criminal Act of Banten
Second Instance Office Office Indra
Gunawan, Chairman of Tangerang
Second Instance Office Suyono, and
the Court registrar Riyadi. Raharjo
and Rachmawati found guilty for
ordering the return of case
documents by violating the
procedure, while Dondy found guilty
for issuing arrest order of Prita
without a consideration to the
condition of the suspect, Prita who
is a mother to a child/baby at that
moment.s
[October
2009]
The
General Attorney Office to Fix The
Recruitment System.
Recruitment system in the Attorney
General Office (AGO) are still
considered flaw. The office plans to
revise the attorney candidate
requirement, such as irrelevant
requirement of body heights, a
regulation effective in 2007 in
simplification and a system point on
the principle of transparency,
accountability, and public interest.
The selection committee must be
clean to make sure the regulations
are well enforced and to avoid
corruption.
[September
2009]
Increase of Public Satisfaction
Level on
Susilo Bambang Yudhoyono’
Administrator Performances; The survey by Lembaga Survei Indonesia (LSI) on
18-28 July 2009, was held randomly
to 1.270 respondents all around
Indonesia. On the national security
and public order issues, only 55%
respondent gave positive response
(July 2009), as to compare to 67%
(May 2009), which may caused by the
bombing incident 17 July 2009. On
the Economics and educations issues,
there is an increase to 59% (July
2009) as to compare to 29%
(September 2008). On the war against
corruption, 84% (July 2009) are
satisfied as to compare to only 45%
(September 2007), and particular
84%. respondents agreed that the
government is capable on eradicating
corruption. In general, 85% of the
public are satisfied with SBY’s
performance as president, while only
63% satisfy with
Jusuf Kalla (JK) performances as
Vice President.
Public are satisfied with Susilo
Bambang Yudhoyono’ performance as
President of the Republic of
Indonesia.
Based on the survey conduct by Indo
Barometer, Susilo Bambang Yudhoyono
(SBY)’s performances are even better
then the performances of vice
president, Jusuf Kalla (JK) and the
parliament. In general, the public
satisfaction reaches 90.4%, while
for JK is 67%. Meanwhile, the
satisfaction for the parliament
performance on 2004-2009 periods
reaches 51.4%. Public are satisfied
with SBY’s performance on politics
and law enforcement sectors, as his
policies on these sectors considered
better then the previous
administrator. The public
satisfaction on politics policy
reach 88.9%, 88% for law
enforcement, 85.4% in social sector,
81,9% in security, 78,8% for foreign
affairs, and 76.2% for economy.
[August
2009]
Transparency Indonesia Poll
2008: Indonesian Police the Most
Corrupt Institution. The
survey held in 2008 along the
year 2008 of 3.841 respondents
(2.371 business stakeholders,
1,074 public servants and 396
public figure) at 50 cities of
33 provincial and 17 big cities
shows that, out of 1.218
interaction, 48% deals with
bribery to the police at the
amount approximately of Rp
2,273,000 each. The second most
corrupt is the office of custom.
where out of 423 interactions,
41% deals with bribe at the
amount of Rp3,272,000 each. The
third is the Immigration Office
with 353 interactions, where 34%
deals with bribe at the amount
of Rp 2,802,000 each. The court
rank to 8 out of 15 government
institution but rank the first
in the amount of bribe. where
204 interactions, 30% deals with
bribe at the amount of Rp
102,412,000 each. In the scope
of area, Yogyakarta listed the
lowest corrupt city with
Perception Corruption Index of
6,43, followed by Palangkaraya
(6,1), Banda Aceh (5,87), Jambi
(5,57) and Mataram (5,41). The
most corrupt city are Kupang
((2,97), Tegal (3,32), Manokwari
(3,39), Kendari (3,43) and
Purwokerto..
[July
2009]
KPK Lead, a Picture of Bad
Performance of AGO.
The statement was addressed by the
Chief of High Court at West Java,
whereas most corruption cases are
taken over from the AGO by the KPK
and succeeded to resolve it. He
added, that the public attorney
performance shall not merely judged by its intelligence, but also
their professionalism and
punctuality in solving cases. Again,
He firmly emphasized to everyone in
the institution should not take any
form of bribe related to cases under
investigation, a statement earlier
addressed by the General Attorney Hendarman Supandji.
Legal note: good
governance through government
reformation has seriously been
the agenda and adopted by the
current administration of President Susilo Bambang Yudhoyono since he
took the seat in 2004. Such pressure
are from various and large
stakeholders in the community. The
people judged the performance
through recruitment mechanism, where
transparency is a must and must free
from nepotism and collusion, as been
performed by the KPK, Department of
Foreign Affairs, Department of
Finance, Judicial Committee, Anti
Monopoly Commission, and most
Commission, where good result is
seen through its excellent
performance as a public service.
However, such program become slip
service agenda only at the AGO and
other government judicial
instruments, including the police
institution.
[June
2009]
Corruption Survey at the Indonesian
Parliament and Judicial Insitution:
Transparency International Indonesia
(TII).
The TII Survey on behalf of Gallup
International placed both the above
Indonesian institutions as the most
corrupt Institution. The Survey was
held in between 11-20 November 2008
with 500 respondents on the age of
16 and above, where 300 of the
respondents are in Jakarta while the
rest are in Surabaya. This survey
was also held in 69 countries. The
object in this survey are political
parties, public services,
Parliament, private sector, judicial
institution, and media. Score 1 are
given to the institution without
corruption and 5 are given to the
most corrupt institution. The survey
results are: Parliament (4.4),
judicial institution (4.1),
political party and public service
(4.0), private sector (3.2), and the
last one media (2.3). The parliament
score is up 0.3 from 2007, while the
judicial institution score remain
steady.
[May
2009]
Jakarta and West Java are on the Top
List the Most Corrupted Provinces.
The research conduct by Indonesia
Corruption Watch (ICW) based on the
data from the Attorney General
Office - AGO, the Indonesian Finance
Supervisory Body- BPK, media, and
public report, in 2008 there were
275 corruption cases found in 9
provinces, with potential Rp. 18,72
billion state loss. Those nine
provinces are Jakarta, Banten, West
Java (both next to Jakarta), Central
Celebes, West Sumatra, Central Java,
East Java, West Nusa Tenggara, and
East Nusa Tenggara. The corruption
cases are mostly in the government
sector (111 cases), in
infrastructure sector (50 cases),
and education sector (36 cases).
From an institution side, the
executive is the most corrupted with
275 cases, private company (27), and
legislative (17). Actors on the
corruption cases mostly are the
executive (403 persons), legislative
body (127), and private company
(122). The biggest state loss
potential are in the banking sector
(Rp. 9.49 billion), government
sector (Rp. 2.9 billion), and
infrastructure (Rp. 1.1 billion).
The biggest state loss is Rp. 9
billion from the central bank, Rp.
8.5 billion from the executive, and
Rp. 572 billion from the state
enterprise.
The Promotion of 8 General Attorney
officers are Legally Flawed.
The said promotions are clear in
contrary to the Attorney General
Rule No: Per-065/A/JA/07/2007, where
the 8 do not meet the minimum
requirement to serve at least for 25
years (article 14), according to the
Indonesian Corruption Watch (ICW).
Integrity, like in most cases in
government official recruitment is
also another issue, as one of the
promoted public attorneys is a
former head of West Jakarta Attorney
office whose been given a mid-level
discipline sanction, who deserve a
recall. The promotion process of the
8 is considered breach the law,
conducted unfairly, untransparent
and not in the right time,
completely raise suspicion that the
AGO is not serious in reforming its
department. The following are the
said 8 controversial officers: (1)
Budiman Raharjo Bali head of
attorney office, with work span 23
years. (2) ST Burhanuddin north
Moluccas head of attorney office (22
years), (3) Widyo Pramono Papua's
head of attorney office (23 years),
(4) M Jasman Panjaitan the General
Attorney Office Head of Information
Centre (20 years), (5) Dimas Sukadis
the General Attorney Office Head of
general affairs Biro (23 years), (6)
Jhoni Ginting the General Attorney
Office Head of Legal Biro (19
years), (7) Sugiyanto the General
Attorney Office Director of Private
legal subject (23 years), and (8)
Muhammad Salim the General Attorney
special staff (23 years).
[April
2009]
9 Anti Corruption appointed
Judges are Legally Flawed. The
appointment of nine judges to
replace six anti-corruption court
judges by the Supreme Court, is
considered legally flawed by the
Indonesian Corruption Watch (ICW).
The major problem was the
non-existence of transparency and
participative principles as
stipulated under article 56
paragraph 4 Law 30 year 2002 on
Commission Corruption Eradication,
since it never got through media
publication process to get public
responses and suggestions. It was
found the appointment was conducted
on close mechanism, where the
Supreme Court gained 13 judge
candidates, finally reduce to 9,
only by the personal consideration
by the Chairman of North Jakarta
Court. ICW also in doubt the
integrity of 6 from those 9 anti
corruption court judge candidates
for they have a track record on
releasing the corruption case
suspects, where as a result may ruin
public trust on the anti corruption
court. The 9 controversial judges
are: Tjokorda Rai, Reno Listowo, FX
Jiwo Santoso, Herdi Agusten,
Syarifuddin Umar, Jupriyadi,
Subachran, Nani Indrawati, dan
Panusunan Harahap. The following 6
are: (1) Judge Panusunan Harahap and
Reno Listowo Direktur who release
Sumita Tobing, ex Indonesian
National Television (TVRI) director,
on Rp 5,2 billion TVRI corruption
case. (2) Judge FX Jiwo Santoso who
release Amelia Yani and others on
Koperasi Tirtayani Utama Yogyakarta
corruption case. (3) Judge Subachran
who release 4 of the Blora Province
Parliament leaders on the Rp 1,4
billion 2003 province income and
expense budget corruption case. (4)
Judge Jupriyadi who releases six
suspects on the corruption case of
The Department of Workforce and
Transmigration and the selling of
state land in Batanghari, Jambi
province. (5) Judge Syafruddin Umar
who release 36 corruption case
suspects.
Corruption Extermination Update.
At the Ministry for Development
of Underdeveloped Districts (PDT),
a case in 2007 was then investigated
following strong indication of
corruption by 5 suspects, where the
corruption lead to a certain
deviation in the procurement of
digital map, the use of experts, and
the survey implementation. The 5
suspects are Ook Herumani (Project
Officer of PT Tri Manunggal
Pratyaksa), Hary Iskadejanto
(President Director of PT Endogeotic
Vision), Ahmad Firdaus Ariyanto
(Project Officer), Mangatas Siahaan
(Project Manager of PT Lantera Cipta
Nusa or PT Trivan Rosita Utama
Director), and Partono (PDT
official). All are involved in the
preparation of spatial statistic
information on natural resources in
the underdeveloped district regency
to developing the local economy in
the region of Maluku, Maluku Utara,
Papua, and West Irian, Celebes and
Nusa Tenggara, Sumatera, Java, Bali,
and Borneo. An Indonesian
Governor of Gorontalo is also
involved in corruption case of
Provincial Budget 2001, due to
mobilization fund of 45 member of
parliament, an action prohibited by
the Anti Corruption Law 1999. A
number of Attorney General Office
staffs was also found directly
involved in a smuggling of 10
containers loaded with Blackberry
devices and Drugs through providing
special importer’ lane at the
Tanjung Priok Harbour of Jakarta, as
police and the customs had earlier
secured the said 10 containers.
While, another 3 public
prosecutors from North Jakarta
Attorney Office was responsible for
the missing of 300 ecstasy part of
evidences at the North Jakarta Court
part of a criminal case. The three
are now investigated at the police
office. While Artalyta Suryani,
finally spend her 5 years following
the rejection by the Higher Court
and the Supreme Court of her appeal
for bribery of USD 5 millions to
Urip Tri Gunawan (one of the 60 best
Indonesian attorney appointed by the
Chairman of AGO for BLBI case).
Artalyta, is also known to be the
right hand of an Indonesian tycoon
fugitive who now stays in Singapore.
Urip himself was sentenced for 10
years. Valyana, a
Indonesian business partner of a
private company, finally sentenced
for 4 year in prison plus Rp400
million fines plus an obligation to
return state loss, a case for
manipulating the government project
at the Department of Manpower and
Transmigration, involving Bachrun
Effendi, The Directorate General
Secretary of Domestic Workforce
Development and Placement, and the
project officer, Taswin Zein. This
case has inflicting a state loss up
to Rp. 1,96 billion, a number
already confiscated by the court.
The same story is at the Health
Department, where a private
partner of a business entity PT Rifa
Jaya was involved in the procurement
project of health equipment valued
at Rp 190,5 billion in 2003 which
indicates state loss at Rp 71
billion. In this case KPK confirmed
the suspects in this case are the
former President Director of Kimia
Farma Gunawan Pranoto, and the
President Director of PT Rifa Jaya
Mulia, Rinaldi Yusuf. At the
Indonesian Consular Office in
Kinabalu, Malaysia, 4 officers
(2 are at the immigration section)
was sentenced various 2, 6 and 3
years imprisonment for being
involved in the implementation of
double tariff corruption case
charged towards Indonesian Migrant
Workers. The four defendants are the
Kinabalu Consulate General Arifin
Hamzah, Radite Edyatmo Head of
Consular Economic, Information,
Social, and Culture Division at the
Kinabalu Consulate General, Nugraha
the Kinabalu Immigration Consul in
Kuching, and Kamso Simatupang the
Kinabalu Immigration Consul in Tawau.
[March
2009]
US$ 104 Million Corruption Money,
Recovered.
The figure recovered by KPK at the
current amount of US$ 68 million
already returned to the state
account, plus US$ 36 million remain
at the private account but will
officially handed over by the end of
March. The Department of Energy And
Mineral Resources will be
responsible in coordinating the
money restitution from private
sector to government. On the issue
of the allocation of 80%
remuneration to government officials
in several departments, KPK has
asked the government that such
supporting funds should be on
performance-base by the public
servants, and suggested it to be
applied to law enforcer officials
such as police department and state
attorneys, to prevent them from
bribe-prone. On a different case,
KPK pointed out on the state
official real estate saving funds at
Rp 6 trillion since 1993, such funds
must be managed as a loan funds for
state official to build house for
government officers. The KPK
Chairman stated that, “it doesn’t
make any sense why should a state
official borrow their own money to
build their house”. KPK ask the
government to straightly use that
money to build houses or apartment
for the state official. So far KPK
has its additional technical
authority to suggest allocation of
state funds of funds being recovered
from Indonesian corruptors.
Government Departments Slashed
Down: A Suggestion. The suggestion
is based on the incomparable and
inefficient of state budget to its
outcome, performance and result of
the said departments, such as the
Department of Women Empowerment. The
said department is perceived as very
low and useless. In most developed
countries, there are less than 20
departments only, where in Indonesia
reached total 34 Ministries (of 21
Departments, 10 Coordinating
Ministries and 3 State Ministries).
The over capacity of departments and
ministries are also seen merely as
power consensus between political
parties and the incumbent to
maintain their existence and
political presence. As part of the
idea, the minister Government
Officer Empowerment also emphasize
to change the structure but most
importantly is to change the mindset
of the government officer from being
the 'power holder' into 'people
servant', from 'the authority' to
'take the role'.
Legal Notes: Since the power
shift of reformation in 1998, numerous attempt to
change the mindset of government
officers has been
implemented, from compulsory of
annual wealth report, taxation,
fair and transparent recruitment,
merit systems, to signing of pact of
integrity, but only small progress
been made. So far, a number
department since 2004 has been a pilot project
where success implementation has
find its result trough fair,
competitive, and transparent
recruitment at the Central Bank, Department of
Foreign
Affairs, Department
of Finance, KPK, the Judicial
Committee, and the Constitutional
Court. The said institutions has
outperformed other departments,
where the qualified, the best and the brightest
staffs are those who took the seat,
and enjoyed better salaries and
privileges, including the pride of
the right attitude to serve and to
work hard. Most importantly are
their willing to listen and to act.
[February 2009]
Indonesian Commission on
Corruption Eradication (KPK) and
Indonesian State Auditor (BPK) Found
Mismanagement of Foreign
Loan. KPK and BPK will
investigate The Indonesian National
Economy Planning and Development
Body (BAPPENAS), The Central Bank
(BI), Department of Finance (Depkeu),
and other state enterprises due to
mis-utilization of those foreign
loans. According to KPK, the number
from Department of finance record
reached Rp 450 trillion, while the
Central bank verse shows Rp 443
trillion. According to BPK, from
1967 to 2005 only 44% of the foreign
loan used appropriately, while the
other 56% is used unclearly. KPK
will then check whether these falls
into legal issue or administration
fault. BPK wish to have a clearer
versions due growing numbers of loan
repayment.
KPK Survey: Low Integrity on Public
Servant for Service of ID Card (KTP),
Trade Business License (SIUP),
Building License (IMB), and in
Drinking Water Company in the
Greater Area of Jakarta.
The average score for Jakarta on
those components are 6,24 from 10 as
the maximum score, which is one of
the 15 city with the worst public
service integrity, according to a
Deputy of KPK. This survey held in
52 cities in 20 province and
involving 6.240 respondents for the
whole year 2008. Mostly, KPK still
indicate different performance on
providing public services including
in the Greater Area of Jakarta. 31%
respondents found difficulties if no
bribe is given, since its attitude
are also a problematic since they
perceive bribery serve as a thanks
gift (54%), and as extra smoothing
money to smooth the services (22%).
Jakarta due to KPK’ Deputy, Jakarta
is also considered effort-poor to
prevent corruption practices. 60% of
the respondents never saw any
anti-corruption campaign in any
public services unit. 17% of the
respondents also said that it is
difficult to submit any complain to
the related civil administration
authority.
---
[January 2009]
Polls: Police Bribed Frequently,
Corruption Eradication Commission (KPK)
Will Supervise Police Department.
Police Department stands in the
first place as the most-bribed
institution according Transparency
International Indonesia (TII)
polling verse. KPK Deputy Director
on Actions Division further said
that KPK will immediately enter the
domain of Police Department to
supervise it. The TII survey on 15
Government institutions has put
Police Department in the 1st
rank, which out of 1.218
respondents, 48 percent businessman
admit that they have ever bribe a
police. The Customs Office is in the
2nd place. 41 percent
from 423 respondents admit that they
have ever blackmailed by the Customs
Office. The total amount of those
blackmail money from this
institution have reaches Rp 327
million. In the next position in a
row there is Immigration Office,
Highway and Traffic Department (DLLAJR),
City Administrator, National
Defense, and PERLINDO. The most
interesting case is the Justice
Institution. Even though there are
only 30 percent from 204 respondents
admiting that they have ever
blackmailed by this institution, but
the total amount of this blackmail
money is fantastic, reaching Rp 102,
4 million. KPK gave its appreciation
for survey conducted by TII on
public service, which is line with
2009 KPK’s priority to emphasize on
the public services. KPK will
utilize the TII survey, where the
survey shows community perception on
public services.
Tracking down ‘Unconfirmed Illegal
Bank Account’.
Corruption Eradication Commission (KPK)
formed ‘Wild Team’. According to KPK
Chairman Antasari Azhar at the
Presidential Office, the
‘wild/Illegal accounts’ held by
number of departments/government
agencies, will be investigated next
week. The Wild Team led by one of
KPK’s deputies, Ade Raharja, will
then cooperate with Central Bank
(BI), a team from the department of
minister of finance, and a team from
PPATK (The Center of Report and
finance analysis). However, KPK have
not decidied whether they will
cooperate with the Police Department
or the Attorney Generals Office,
because the core of this team is KPK.
The Wild Team has initially finished
the investigation planning, and
found that preliminary fact the
presence of those illegal accounts,
there are some of those accounts
that has been closed while there is
not clear where did the money gone
to. One of those suspected illegal
accounts is the account for ‘Dana
Abadi Umat’ which is held by The
Department of Religion, where there
is still a debate on it, because
there was a legal standing for those
type of financial but then it was
erased. Earlier this
January, the Finance Ministry handed
to the KPK more than 260 bank
accounts belongs to four ministries
and two state institutions. The
illegal accounts which comprise of
Rp 314.2 billion (US$29 million) and
US$11 million belong to the Supreme
Court (100 bank accounts), the
Ministry of Justice and Human Rights
(66), to the Domestic Affairs
Ministry (36), Agriculture Ministry
(32), the Manpower and
Transmigration Ministry (21) and
BPMigas (2).
“Mischievous” Judges Get Punished.
17 Judges at a number of District
Court and Religious Court all over
Indonesia are punished by the
Supreme Court (MA) for conducting
“mischievous” acts, violating the
laws during duty as law enforcer.
Some of those judges are the head of
the District or Religious Court.
Djoko Sarwoko a Deputy Head of
Supervision Organ of Supreme Court
and also as the spokesman for the MA
explained that, these punishments is
only as a supervision result conduct
for the last three months
(October-December 2008), however the
statistic shows at the supervision
result for the whole year 2008,
there are around 60 judges who had
been sanctioned. Djoko stated that
the punishment for those 17 judges
varies from light to strong
punishment, some are rank descending
or prohibition to judge in any cases
in a future. However, no suspension
or dismissal punishment applies,
since the procedure provides such
kind of punishment for judges shall
be brought to the Judge Council of
Honor at the first instance. At the
lower level of Court’ Cleric, three
persons was punished in the last
three months, one of them is a
Secretary Clerk of The Court and the
other two is a Young Clerk of The
Court official. In the structural
level, four officials have been
punished. There are also and six
Replacement Clerk of The Court who
was punished. Further, seven
administrative staffs and one
bailiff in the district court who
have entered the list of punishment
recommendation. In the meantime, The
Supreme Court will form a special
team to investigate corruption cases
in Supreme Court. The team will be
formed with fifteen Supreme Judges
as its members and under the
coordination of The Head of Special
Criminal Unit.
Indonesian President’ Approval
for 127 Territorial Chief to be
Investigated for Corruption. The
127 covers Governor, Mayor, or
Regent, involved in several cases,
especially corruption according to
the President’ Special Staff for
Public Complain. The said approval
has been confirmed by the Inferior
Staff of Attorney General Office for
Special Crime. The first case will
be Gorontalo’s Governor and
Bengkulu’s Governor, both suspected
for corruption case of provincial
revenue and budget utilization.
Based on media record on 2005, the
Head of Gorontalo Province
Parliament is brought to justice
related the to Rp. 5,4 billion
amount corruption case of the
abovementioned provincial revenue
and budget utlization. Both chairman
of the parliament (the legislative)
and the Governor (the executive) are
suspected in the drafting regulation
so-called ‘Joint Decision Letter’ (SKB)
No. 112 on 2002 and No. 16 on 2002,
which denies Parliamentary Meeting,
violating the superior regulation
the Province Parliament Act no 3 on
2001 on Law and Discipline.
Indonesian President Susilo Bambang
Yudhoyono said, that any wrongfully
and illegal act, be it in central or
territory, must obey the law
and be discipline. He added, “One
who (legally) must be in the prison
will be imprisoned, do not be
permissive, and be tough”, The
source of corruption and collusion
which is mostly untouchable is in
the supply of goods and services
sector either for department,
ministry, and other state agencies.
The form of corruption which is
occurring mostly is mark-up in
budgeting. “This is a disease, No
one is Immune to Law in this
country,” said the President.
---
2008
[December 2008]
Dismissal of 2.291 Government Officials of Jakarta Province Office.
The dismissal is part of the framework to reorganize the structure,
according to regulation No.40/2008 on Organization Formation of Local
Government Framework. The new law will dismiss 14 district instruments,
which will eliminate 5 district secretary assistant to 4, 11 bureau into
10, 26 government service into 20 and 16 district technical institution
into 1. The progress will take place in December 2008 and completed in
January 2009. The new form is expected to cut budget loss, decrease
corruption and increase efficiency.
Poll: Public Service and Public Safety in Jakarta.
The majority of respondent stated that compared to other public
services, security services is still disappointing. The citizens of
Jakarta admitted extra precaution remain needed in public places, such
as bus stop, train station, harbor and highway. According to October
2008 statistics, crimes committed reached 40.124 cases. The major causes
to these are the limited of human resources availability, in spite of
life pressure socially or economically, triggered by the violence as
shown on television. 77% of respondent see that, bus station is one of
the place extremely dangerous for crime, followed by airport (85.0%),
traditional market (66.5%), highway (49.9%), train station (40.4%),
harbor (37.1%) and house and its surroundings (89.9%). Other polls on
public services shows significant quality progress, where citizen found
no hassle in obtaining or renewing their Identity Card at the local
government institutions, as to compare to 10 years ago in 1998. The
figure shows 22 % in 2008 compared to 40% (1998) of respondent are
compelled to utilize agents to do so, causing them extra expenses, the
same figure applied in obtaining driving license and car registration
(20% in 2008 to 58% in 1998). Both quality of services also gained
positive responses for ID card from 58% compared to 29% in 1998, for
driving license, the service is 60% better compared to 52% in 1998.
Police Officer Committed to Crime, increased by 17%. The statistics shows the figure is
6.610 (2008) an increase of 17% from 5.436 (2007), according to the Head
of Profession Division and Security of Police Center Station in Jakarta.
The types of crime mostly are misuse of authority and leaving duty area
without permit. The full figure shows that in 2007, violations committed
are by 4 high rank police officers, 147 senior police officers, 561
junior police officers, 4.648 second year officer, 33 freshmen and 48
government officials. Compared to 2008, the figures are 122, 610, 5.767,
41 and 25, respectively. On a provincial basis, the big 5 rank for
violations in 2007 are North Sumatra, East Java, West Java, Lampung and
South East of Sulawesi. For the year 2008 are West Java, Middle Java,
Jogjakarta, East Java, and South Sulawesi. Besides discipline violation,
the variants includes late for office, and uniform tidiness, where the
figure in are 12.776 cases (2007) and 39.751 cases (2008).
Jakarta Budgetary Madness.
The Indonesian budget watchdog, the Indonesia Forum for Budget
Transparency (Fitra) voices out, that the proposed budget scheme for
year 2009 for the Greater Area of Jakarta of Rp 22 trillion (USD 2
billion) is far from poor-oriented and stresses more on political needs.
Surprisingly, the budget for the poor are set at 1,7% as to compare to
the budget law harmonization/law making at Rp 7 to Rp 8 billion. The
said number is suspected allocated to bribe the legislative to issue
‘troubled’ regulations and to protect the bureaucrats from citizens’
legal suit against the troubled regulations and misappropriate use of
budgets. According to Fitra, the said proposal breached article 155 of
Law No.32/2004 of District Budget Prohibition. Other surprising and less
important budgets are the budget for Governor’s dry cleaning at Rp70
million, or laptops at Rp 35 million (where the most laptops are Rp10
millions).
---
[November 2008]
30 Prisons ready to be operated.
The new prisons are ready to be occupied, according to the Social
General Directorate of the Indonesia Department of Law and Human rights.
The new prisons are to accommodate the over capacity of all prisons in
Indonesia, where of those 30 prisons provides 15,000 new rooms with the
assumption 500 rooms per prison. Of the capacity of 88.949 rooms of
prisons, the total of occupant in the prisons in all over Indonesia
counted as of August 2008 are as much as 131.339, consist of 54.494 of
prisoner and 76.845 of criminals. In such way, the over capacity reaches
46.051 prisons or 51.7%.
KPK and FBI Concluded MOU. The
Federal Bureau of Investigation
(FBI) of the United States will
support KPK in searching and the
return of the corrupted assets by
Indonesian corruptors identified in
the jurisdiction and territory of
the United States. The cooperation
will also covers in the area of
exchange of information, cooperation
development, anti corruption
programs and transfer of technology.
A Number of Former High Rank
Officers, Arrested for Corruption.
At the Indonesian Central Banks,
two former deputies Oey Hoey
Tiong (Deputy for Legal Affairs) and
Rusli Simanjuntak (Governor's
Bureau), are facing six years
imprisonment. Both are defendants in
a case relating to Rp 100 billion of
misappropriated funds from the
Indonesian Bank Development
Foundation (YPPI) in 2003. Oey
allocated Rp 68.5 billion to pay the
legal assistance expenses of five
former Bank Indonesia officials
involved in the bank liquidity
assistance funds (BLBI) case. Rusli
allocated Rp 31.5 billion to 3
members of the Ninth Commission of
the House of Representatives (DPR).
During dispersing these funds, Rusli
himself illegally received Rp 3
billion for his personal benefit
which is against the Anti Corruption
Law No. 31/1999 article 2, section 1
and article 18 as amended by Law No.
20/2001 on Corruption Eradication.
At West Java Governor's Office,
the KPK in a case related to a Fire
Brigade Vehicle Procurement Case,
West Java Former Governor and
Business Partner were arrested. Both
Danny Setiawan and an
Indonesian-Chinese businessmen Yusuf
Setiawan are charged under the
article 2 section 1 and article 3
Law No.31/99 jo. Law No.20/2001,
where potential state budget loss
may harm financial state loss at
Rp.56 billion, though both had
returned the money at the amount of
Rp.12.5 billion to KPK. Other two
suspects awaits to be arrested.
At Manpower Department, the KPK
also detained six suspects in a
suspected corruption case, where one
of them was the former secretary for
the Director General of the Manpower
Department, and there are 5 from
business partners from private
companies. All the six detained
under article 2, section 1 and
article 3 of Law 31/1999 amended by
Law 20/2001. At an Indonesian
State Enterprise, former
financial director Ranendra Dangin
become suspect in a procurement of
imported white sugar by the company
and the Bureau of Logistics from
2001-2004, a strong indication
violating Article 2, section 1,
Article 3 and Article 8 of Law No.
31/1999 as amended by Law No.
20/2001 on Corruption Eradication.
Education of Corruption
Eradication for University Students.
The Cooperation Project by both KPK
and the United States Agency
International Development (USAID)
under the MCC ICCP (Millenium
Challenge Corporation Indonesia
Control of Corruption Project, is a
USAID support project in order to
support Indonesian Government in
combating corruption). The aim is to
educate to corruption eradication
for university students. The 2
years-program covers the knowledge
to use recording equipments at the
anti corruption court to legal
research of reports and legal
analysis. Trainings are also
provided for lecturers and
university students, by
disseminating to high school
students, covering knowledge of
corruption, value and ethics at
early age. 5 universities are those
appointed to conduct the project:
University of Sahid (Usahid) a
private universities will represent
Jakarta, while other 4 are State
Universities: the University of
Sumatra Utara - Medan, University of
Sriwijaya - Palembang, University of
Hasanudin - Makasar, and University
of Airlangga -Surabaya.
Office of the General Attorney
Investigate former minister of
Department Law and Human Rights.
The investigation of Yusril Ihza
Mahendra, is related to corruption
case at the General Directorate of
General Legal Administration (AHU)
in Department of Law and Human
Rights (Depkumham). He was mentioned
to sign Minister Letter approving
the project and directly appointed
PT Sarana Rekatama Dinamika as a
developer. The project has caused
lost financial state for Rp.400
billion. Prior to this, 18 others
witness has been investigated, such
as former General Secretary of
Depkum HAM, Hasanudin, and former
Directorate General Secretary AHU,
Aan Danu Giatono, including Yusril'
ex-wife, Kessy Sukaesih.
---
[October 2008]
State Auditor (BPK) audited State
Assets and Properties. The audit
a covers assets and state properties
management (BMN) in 23 ministerial
and government institution,
including the Indonesian Armed
Forces Institutions and the Defense
Department. The initial audit shows
potential State loss as an impact of
mismanagement of state property.
The report dated as of 17 July 2008,
stated that the mismanagement
occurred in various forms, such as
the misuse of state property,
improper use of state property,
wrong implementation to secure
and the maintenance of state
property, and illegal transfers of
titles. In some cases it also finds
the right utilization but improperly
reported. The detail of the report
remain under progress.
KPK Searched West Java
Provincial Government Office.
The searched offices are of the
office of the Governor, deputies and
secretary with regard to initial
indication of fire brigade and heavy
equipment corruption in 2003 by the
said former persons in charge in
2003. The case may incurred state
loss at Rp 50 billion. Three person
has been identified as a suspect,
such as the former Governor of West
Java, former head secretariat for
equipment bureau of West Java and a
supplier of the equipment and fire
alarms. All suspects actually has
returned the state loss for Rp.11
billion. The current Vice Governor,
however fully support the search and
investigations as its commitment to
build an open and transparent
administration, a lesson the senior
shall learn from the junior of the
spirit of a clean and respectable
government.
2 Former Indonesian High
Officials of the Indonesian
Consulate General in Kinabalu
arrested by KPK. Two former high
official at Indonesian Consulate
General connecting office (KJRI) in
Kinabalu. Kuching, Malaysia, Ayi
Nugraha and Kamso Simatupang was
arrested by Corruption Extermination
Commission (KPK). The arrest of the
former Head of Immigration Sub
Directorate, was a result of further
investigation from the arrested of
former Kinabalu (Malaysia) Consulate
General Arifin Hamzah, earlier. KPK
Spokesman, Johan Budi said, AN (Ayi
Nugraha) and KS (Kamso Simatyupang)
and AH (Arifin Hamzah) become the
suspect of corruption case for
double tariff immigration in
Kinabalu in the period of 1999-2000.
This case will harm Indonesia for
the loss of Rp.11.7 billion.
Previously the same case occurred at
the Indonesian Embassy in Kuala
Lumpur, the case has brought a
number of high officers to jail,
including the two former
ambassadors, which one, General
Rusdiharjo, happen to be the former
Indonesian Chief Police).
KPK Investigate Project at the Forestry Ministry. Corruption
Extermination Commission (KPK) investigate an integrated radio
communication system project in forest Department. The said project was
held on years 2007 in order to cope with illegal logging and forest
fire. The Indonesian parliament has previously rejected the
project, since bubbling budget was identified, of which is Rp.730
billion. Nevertheless, Minister of Finance' letter required the project
to keep on going as it has been a part of loan package from United
States Government. This KPK investigation was part of updated
cases that KPK has investigated, such as the mangrove forest case at
Tanjung Api-Api port in South Sumatera and Forest Department last
August.
---
[September 2008]
Member
of Indonesian Fair Competition Committee Arrested for Graft.
The person was arrested following the 2 months initial watch by the
KPK, where he then was caught in hand carrying a suitcase with Rp500
million from one of the other arrested person, Billy, a president
director of a private TV Cable services who are party in a competition
case. Both persons are now detained for the next 2 months for further
investigations by KPK.
Public Attorney Sentenced 20
years Imprisonment. The Anti Corruption Court has its verdict
early this month of September following set of court sessions with the
suspect Urip Tri Gunawan, a senior officer at the Attorney General
Office (AGO) allegedly receiving bribe of USD 660,000 from Artalyta
Suryani, an Indonesian Chinese businesswoman. The court found that the
bribe was allegedly related to his position as leader at AGO's team
investigating the embezzlement of Bank Indonesia liquidity support (BLBI)
involving Indonesian tycoon Syamsul Nursalim who now a fugitive staying
in Singapore. Syamsul, former director of Bank Dagang Nasional
Indonesia, misappropriated Rp28,4 trillion in BLBI funds during 1997.
Artalyta herself was also a suspect, has been sentenced for 5 year
imprison. The case keep rolling, where KPK taps a number of telephone
conversations, where still a number of high rank officers at the AGO,
are linked and directly involved.
---
[August 2008]
Indonesian Broadcasting Commitee Team Published 4 Improper TV Programs.
The programs breached the Law 32/2004, are film with title
Bleach (Cartoon), Detective Conan (Cartoon), Naruto
(Cartoon), and other High School TV Programs, notably such program did
not suit and did not protect students and teenagers morality. Further,
the Team found other 84 TV titles of 316 episodes broadcasted by 9
private TV stations (Indosiar, SCTV, TPI, RCTI, Global TV, ANTV, TransTV)
and one government TV (TVRI), breach the abovementioned law. Such TV
programs contained non-rated of visualization and substance including
coarse language, verbal and non verbal violence (physical and
non-physical), no rating of norms and classification of audiences.
20
percent Annual Budget for Education Sector. The Indonesian
Constitutional Court has its decision in 13 August demanding the
Indonesian government to raise up to 20 percent of state annual budget
allocated for education sector as addresses by the Indonesian
Constitution 1945. The budget shall raise from Rp 154.2 trillion to Rp
224 trillion next year, where in 2005 was Rp 78,5 trillion. The current
2008 budget of Law 16/2008 was challenged against the Constitution 1945,
since Law 16/2008 provide only 15,6% budget portion. The budget is
expected to meet education standard all over Indonesia. In line with the
decision, two days priori to the 13 August 2008, the President addressed
a speech confirming his administration to set higherbudget for education
the next annual state budget 2009.
Legal
Notes:
The Indonesian Constitutional Court decision and government commitment
over 20% education budget for 2009 hailed positive responses from
teachers and education institutions, particularly state
owned-universities. People now noted that 57 state owned-universities
(providing 99,360 seats for undergraduate degree leading bachelor
degree, annually) all over Indonesia are receiving a very low budget
since year 2000, compelling them to set out new independent financial
and budgetary as allowed by the National Education Law through BHMN
concept. Under the BHMN, 6 state universities (ITB, IPB, UI, UGM,
Airlangga and USU) are free to set their own fees and tuitions, which
is considered high. Other state universities follows later in 2004.
Previously, students are fully funded by the government during 5 to 7
years study period, provided they passed the national examination.
Unfortunately, such conception with fee orientation now provide more
rooms for the haves but lesser portion below 20% of seats (out of
99,360) for the poor students, who may not be able to pay high
tuition as much as private universities. While it remain undisputable,
that prior to the BHMN concept in 2004, the National Entry Exam to
Indonesian State Universities are very tough, with annual from 400,000
contestants out of 750,000 high school graduates, the competition rate
are 1 to 20 to 1 to 300 (depending on the reputation of state
universities and favorite faculties), where the best and the brightest
high school graduates are those who studied at state universities
filling total 99,360 seats. As for its good reputation, state graduates
received positive job market within and outside Indonesia, a university
for thousands of foreign students, mostly from Malaysia who studied
engineering and medicine. However, as a result of its current
independent financial and policy, now state universities orientation
are merely of benefit where bright students but poor are given limited
access and seats, where in the future its reputation may be at stake.
---
[July 2008]
The Indonesian KPK - Corruption Extermination Commission Publicly
Displays Presents Received Part of Gratification. The presents
and gifts are those reported and returned by government officers
received from third party in relation to their duties as a public
servant, including the member of the KPK, displayed at the lobby of the
KPK Office in Jakarta. The presents are classified into gratification
presents since it is reported and returned within 30 days to the KPK
upon receiving. The aim is part of lesson to public that no exception
can be made whatsoever for government officer receiving presents during
his tenure as a public servant. More gratification presents will be
displayed, according to KPK spokesman.
Legal Notes: The idea to
display presents part of
gratification by KPK is an original
breakthrough by KPK. It is also a
good lesson for public now to start
adopting zero tolerance bribing
government officers. Earlier last
month, a number of anti corruption
movement of individuals and
organizations has suggested KPK to
expand their task not only by
enforcing anti corruption through
law, but also through customary law.
The main idea is to put social
sanction by disgracing the
corruptors displaying through media
their corrupted wealth, family,
lifestyle and their crimes. Further,
the government has consider death
penalty for corruptors to be
included in the new bill of anti
corruption. Basically, the
implementation of this idea is an
effective law as social tool and
will bring a great social shift to
build a strong, clean and
respectable government.
---
[June 2008]
Indonesia Anti Corruption Commission (KPK) Initiate Investigation at the
Supreme Court. The warrant has been released to start the
investigation at the Indonesian Supreme Court (equal to High Court at
Common Law) in accordance to fees applied illegally and unreported to
the Indonesian State Auditor. There are Rp 31,1 billion (USD 300 million) revenue
unreported, an income paid by law seekers at all level of the
Indonesian court during 2005-2007, according to the Indonesian
Corruption Watch - an Indonesian NGO watchdog.
KPK initiate to
Investigate State Loss at BP Migas. The total loss of the
Central Government budget to the Local Government of Rp 225 trillion (USD
21 billion) is at Rp 25 trillion. The said de-consentration budget was
paid to BP Migas, an independent authority in oil and as exploration and
management which shares are fully owned by government. Previously, KPK
also investigate state loss at 10 Departments, 11 State Enterprises and
1 Provincial Government, where a bigger number loss was found, where
state properties has been awarded and illegally transferred into private
properties by government officials during tenure. A number of lands and
houses has been identified and
confiscated,
and the private personnel are now facing trial at the Anti Corruption
Court.
---
[April 2008]
Houses of Government Asset valued at Rp371 trillion , missing.
The said numbers are houses under government proprietary being reviewed,
which big numbers has been transformed illegally into private
proprietary, according to the calculation of the Directorate General for
State Inventory of the Department of Finance, recently. KPK then seized
at least 11 government-owned houses in Bandung, West Java, which has
long been illegally transferred into private by the government officers
for themselves. Other houses will follow. Of 77 department and
government institutions, only 20 has conducted reviews of its assets
since 2007.
---
[March 2008]
8 years sentence in
Prison for Judicial Commission Member.
The anti-corruption Court verdict included a Rp 400 million fine
for Irawady Joenoes for accepting bribes in a land procurement deal, as
the court has proven it violate the 1999 Law on Corruption. Irawady act
also had damaged his institution’s reputations. The initial case was
the Corruption Eradication Commission (KPK) investigators arrested
Irawady and an Indonesian-Chinese businessman Freddy Santosa on Sept. 27
last year. Freddy was sentenced four years in prison on February 21.
Government School Text book
Copyrights Take Over. The Indonesian government now has taken
over a number of school text book from its authors and will list them on
the web for free to public. This in order to provide free and cheap
school text books and to reduce the text book price which amazingly
reaching 3 to 4x times higher than it has to be as a result of oligopoly
practices by bookstores. The policy will also eradicate collusion and
corruption between authors, publishers, bookstores and school. Students
and pupils now can download any school text book valid for five years
period available for free at the official website of department of
education.
KPK Seizes Houses of
ex-Indonesian Central Bank (BI) Deputy Chief. The confiscated
house and an apartment belonging to Iwan R Prawiranata was related to
him as a witness in a graft scandal involving the Central Bank, where it
is suspected the house bought was from illegal money amounted at Rp13
billion. Iwan soon then become suspect, where three other suspects are
current Central Bank Governor Burhanudin Abdullah, director of Legal
Affairs Oey Hoy Tiong and Rusli Simandjuntak, head of the central bank s
office in Surabaya, East Java. All except Burhanudin are being detained.
The report says in 2003 Burhanudin led a meeting of BI directors to
Approve the disbursement of Rp. 100 billion from the YPPI. The money was
handed over to Oey by YPPI chairman Baridjusalam Hadi and treasure
Indonesian Finance Minister:
Bureaucrats are Prone to be Bribed. Ms Sri Muljani a former of
Indonesian' IMF officer, strongly suggest private sectors to star to
adopt 'zero tolerance of corruption' through not to support bribe as
part of culture, in order to create a clean, responsible and respectable
government. She noted that bureaucrat who asked for 'grease' do not gain
respects from the community. According to a source, the community are
very active in reporting bribery and blackmailing by bureaucrats.
Indonesian General Attorney'
Officer Caught for Graft. The KPK undercover agents
caught the officer, Urip Tri Gunawan, at Syamsul Nursalim house in West
Jakarta, an Indonesian Chinese- Conglomerate who then bribed the officer
at the amount of USD 660,000 (equal to Rp 6 billion). The graft was
suspected in connection to General Attorney' decision to discontinue the
investigation of the Liquidity Bank Support by the Indonesian Central
Bank in 1997, involving Rp600 trillion (USD 66 billion) financial
support to a number of Indonesian banks, which money was then robbed and
transferred by the bank owners to a number of Indonesian surrounding
countries such as Singapore, Malaysia, Australia, Hong Kong and China.
---
[February 2008]
Graft
Rampant in Education Sector: Corruption Watchdog. The release by
the Indonesian Corruption Watch (ICW) are based on the facts that
parents found increase in extra fees for their children at public
schools, though the government has increased its budget over the school,
annually. The ICW urge that corruption in the education sectors is still
rampant and that the government must take action to stop the practices.
ICW also pointed out the corruption has also become a common practice
between teachers and school principal, as well as in
regency/municipality education agencies and the Education Ministry. ICW
further discovers that teachers commit corruption by charging numerous
levies on to student, principals by embezzling or doubling school
budgets, and education agencies by extorting or receiving bribes from
school, while the ministry meanwhile has allegedly committed corruption
through a number of projects. Recent ICW study showed the total amount
of money parents had to pay for their elementary school children
increased by 18.9%, from Rp.4.01 million (US$436) per year in 2006 to
Rp.4.77 million last year. The government set aside 9.1% of the state
budget, or Rp.44.1 Trillion in 2006, and 11.8% or Rp.54.06 trillion in
2007 for the education sector. In 2008, it has allocated 12.02% of the
state budget, or Rp.48 trillion. The increase in school fees was
triggered by increases in direct and indirect fees, direct fees included
charges for courses at school, exams, building maintenance, textbooks,
study tours, re-registration and farewell ceremonies, where totally
reached average of Rp.600.000,- per month for a child’s education.
Meanwhile indirect fees include fees for school uniform, transportation,
stationery, exercise book, and after-school course. The government
allocated Rp.254.000,-/student of financial aids per year in 2007 and
2008 through the School Operational Aid (BOS) program.
Public
Service Law Must Also Cover Private Sector. A group of activists
has its voice, that public services should focus on the wider context of
the state’s responsibility in fulfilling the community’s basic needs,
where private sector must be included in the legislation since its role
to provide services to public. The consumer law is one of the concern
where the law covers only public service, therefore it does not
guarantee that private business will provide good services. To reach its
effectiveness, the proposed new law shall not only stipulate
administrative sanctions which cover civil services, but also criminal
and civil sanctions which cover all parties including private providers
of public services. However, others has its legally based-opinion, that
private sector was outside the public service domain, because it was
profit oriented. Private sector are based on full services, where
competition is the keyword to grab the market. The new legislation is
expected not only cover government officials but also those who worked
in the state owned companies. the House plans to finish the legislation
later this year.
---
[January 2008]
Corruption
Exterminatiaon Fails to Touch High Rank Officers.
Indonesian Corruption Watch (ICW) released its research, that only a
small number of corruption case solved in 2007, saving state loss only
the figure of Rp46,74 billion,
which
significantly
different to numbers released by State Financial Controler (BPK) of
5.717 corruption cases of Rp 8.085 trillion. ICW stressed out that those
who were
arrested
by the the
General office Attorney' Offices
and sit for
trial are those at middle level
of
provincial government officers instead current director generals or
directors at state departments.
Indonesian Central Bank Directors become Suspects. Again, KPK
determined 3 high rank officers at the Indonesian Central Bank as
suspect for corruption case of illegal transfers of money to the
member of the house, which was related to the bill of central banks
issued earlier. Burhanuddin Abdullah (as Chairman), Oey Hoeng Tiong and
Rusli Simanjuntak as deputies are responsible and will soon sit for
trial at the Anti Corruption Trial. Previously two Chairman Sjahril
Sabirin and Soedradjat Djiwandono were sentenced and spent their days in
jail for corruption.
New Year
Hit by KPK. Following its appointment for the period of
2008-2012, the new team announced a suspect Rusdihardjo (Ret Police
General), also an ex Indonesian Ambassador (2005-2007) for Malaysia and
ex indonesian Police Chief (2001-2005), the highest rank in Police.
Rusdihardjo will be charged for illegal fee admissions at the
immigration desk at the Indonesian Embassy during his tenure. Mr
Wayarabi Alhadar, his predecessor was also charged 2,5 years imprisoned
and Rp1,7 billion fee payable to government account, an amount he
illegally received during his tenure. An immigration staff was also
charged for corruption.
|
|
|
|
| |
| |
2007, 2006, 2005, 2004:
[December 2007]
Indonesian
Police is the Most Corrupt Institution. Following the findings
by the International Human Rights Commission (IHRC), where the
Indonesian Police Institution is on top of human rights violation, now
the International Transparency (TI) has its another findings. The score
for Indonesia police is the highest of 4,2, compared to the Indonesian
parliament and judicial body and political parties (4,1 and 4,0
respectively). The key finding factors in Indonesia in 3 years in
row 2005-2007, found the scores are
4,0-4,2-4,2 (police), 4,0-4,2-4,1 (parliament and judiciary) and
4,2-4,1-4,0 (political parties). The identified problems is of
perception, where most people think corruption is defined only for state
loss, far from the legal definition covering also bribe, authority
misconduct, gifts, a promise to give, and others under the Indonesian
Corruption Law. In respect to the corruption extermination by 6
independent and government institutions, the Indonesian Vice President
Jusuf Kalla recently also shows his confusion of how confident Indonesia
corruptors these days until found guilty by the court and imprisoned.
The poll held in Indonesia with 1,010 respondents in big cities in
Indonesia , out of 63,199 respondents at 60 countries held by TI.
New KPK Chairman and Deputies, Took Oath. The new chairman
Antasari Azhar and other 4 deputies Chandra M Hamzah, Bibid Samad Rianto,
Haryono and Mochammad Jasin inaugurated under the President' Decision
Number 117/P/2007. The phenomenal predecessors are Chairman
Taufiqurachman Ruki, and its 4 deputies Amiens Sunaryadi, Tumpak
Hatorangan Panggabean, Sjahrudin Rasul and Erry Riyana Hardjapamekas who
took the seat since 2002. The new composition passed the House on 5
December 2007 through tough decision by Commission III, to sit for the
period of 2007-2011. Antasari Azhar previously sit as Director at the
General Attorney' Office, Chandra was an advocate, Bibit was a police
retiree who now a rector of a police university of Bhayangkari, Haryono
was staff at BPKP (National Development and Financial Supervisory Body)
and M Jasin himself was KPK' Research and Development Director.
Indonesian Private business Partners under Criminal Investigations and
Trials. The Indonesian General Attorneys' Office currently calls
an Indonesian businessmen for investigation over a Liquidity Bank
Support (BLBI) case involving Rp35 trillion debt in May 1998, such
amount then increased to Rp 52,7 trillion in September 1998 bear by the
shareholders. Unfortunately the surrendered asset value was only Rp 27
trillion after valuation by the IBRA, a big difference valued by Lehman
Brothers who value it at Rp52,6 trillion. In a separate bribe case of
fire brigade utilization, a bureaucrat in Makassar is charged for
corruption, where he was found for blackmailing the business partner. In
another case of bribe to number Indonesian bureaucrats by PT Monagro
Kimia (subsidiary of Monsanto Company in the US), the president director
of PT Monagro Kimia, Gyanendra Shukla (an India national) attended
interrogation process at the General Attorneys' office.
[November 2007]
Ex Minister of Agriculture investigated for Bribe by Monsanto.
The case was based on the facts that Mansanto Company alleged for
bribing a number of Indonesian high officials in order to a limited
release of controversial transgenic products to Indonesian farmers in
2003. The transfer of bribe was amounted at US 700,000.
[October 2007]
An
Indonesian Corruptor Returned Corrupted Rp 25 billion (USD 3 million)
State Fund. The fund was part of the court ruling in a
corruption case against Mr Liem in late 2006, where Mr. Liem was
involved for corruption and collusion in a release of two pieces of
government lands under the proprietary of a State Enterprise, PT
Industri Sandang Nusantara (ISN) in Cipadung, West Java. The Supreme
Court sentenced him 4 years in jail, plus Rp 1 billion (USD 112,000)
fine, together with the President Director of ISN, Kuntjoro Hendartono
with 10 years in jail plus Rp 1 billion fine and Rp25 billion compulsory
to return the state fund.
[September 2007]
A number of High Rank Government Officers under Investigation for
Corruption. Indonesian ex-Minister of Manpower Fahmi Idris and
its director general are now detained for further investigation for
expatriates posting programm at 46 regencies in 2004 causing state fund
loss of Rp 9,27 billion, while ex Minister of Law and Human Rights
Yusril Ihza Mahendra sit as a witness for corruption of fingerprints
government project causing state fund loss of Rp 18 billion.
Ex-Indonesian Chief of Army Forces returned an expensive house from an
Indonesian Chinese businessmen Henry Leo in a corruption of state
budgets of Rp 410 billion. In a BLBI case, Kwik Kian Gie, Bambang
Subianto (both ex minister of Finance) and Syafrudin Temenggung (ex
Chairman of IBRA) are now under serious investigation for
corruption for releasing policies to assist banks during the financial
crash 1997, causing a great financial loss.
7 Chief of District Attorneys, Dismissed. The dismissal by
the Indonesian General Attorneys' order was based on the community
reports for their misbehave, unprofessional conduct and breaching
the law 30/1980 of Government Officer Conducts. The 7 persons will then
face the Public Attorneys Commission for further indiciplinary
sanctions.
[August 2007]
Poll of the Member of the Parliament' Performance.
The poll held in commemorating its 62 years of its rule in the
Indonesian lawmaking and politics. Since reformation 1998, the
parliament have undergone significant changes, where member are
more educated, younger, and with various background of
professions. The Parliament also empowered to take over the
control for lawmaking (77 new laws since 2004 for the member for
the period of 2004-2009). However, 78% (or 60 laws) of such laws
are under the initiative of the government instead by the member
of parliament. Respondents perceive that the law qualities
degrade since a number of laws (law 22/2004, 27/2004, 32/2004)
wholly annulled by the Constitution Court, with argument the
laws are in contrary to the constitution. Respondents also are
in view that parliament members are less able to control the
government (76,3%), less able to well-function (65,6%), less
able to respond to public needs (66,7%), less able to be the
forefront for national politic accelerator (64%), less able to
uphold human rights issues (71,5%), and only aware of its own
politic party representation (66,9%). In spite of the above,
member of parliaments' images are negative, since they always
being absent for hearings (70,4%), late to attend hearings
(68,4%), too many trips abroad (74,2%), critism-prove (69,2%).
In general, the positive image remain below 30% since they took
the seat in 2001. The poll by 822 -
1.379 respondents shall however, do not represent general
national perceptions.
Vice President' worries of government officer' glamourous
lifestyle. The statement was released to respond the National
Technology Gathering 2007 held by BPPT (Bureau for Technology Research
and Application). He critizesed BPPT' low performance instead of high
performance and result and benefit for the people according to their
tasks and duties to produce applicable technologies. He also warned to
refrain from requesting foreign consultants to do their duties, an
undermining statement of domestic capabilities. A number of government
office buildings are grandeur, built at prestigious areas, supported
with first class facilities and glamour lifestyles funded by people'
state and federal budgets and taxes, which however in turn gives no
significant result. Vice president requested them to start a modest
lifestyle, humble and hardworking.
Bureaucracy
Reform for Indonesian Migrant Workers Procedures.
The reform was based on the founding of 11 points of
offences, where the responsible departments are at Department of
Domestic Affairs (for illegal documents release), Department of
Foreign Affairs (for not protecting migrant workers) and
Department of Human Rights and Law (for immigration matters).
All 11 points of offences were found during the departure and
arrivals of migrant workers, such founding was based by
community reports and surveillances by KPK and department of
manpower, where illegal practices occurred and related to bribe,
authority abuse and blackmailing towards migrant workers by a
number of bureaucrats.
Judges and public Attorneys at the lowest for Obedience Rate.
This is in relation to the compulsory report of their personal
wealth according to the Indonesian Corruption Extermination Body
- KPK, where judges and public attorneys are those the lowest
(only 43,77% out of 20.991 staffs) after the government
officers, member of the parliament and state enterprises
executives, where the statistic obedience rate are 67,564% (out
of 61.809 staffs), 70,06% (out of 23.78 staffs) and 73,09% (out
of 7413 staffs), respectively.
New Governor for Jakarta. The direct-elected candidates Fauzi
Bowo (and Priyanto for deputy) and its competitor Adang Darajatun (and
Dani for Deputy) runs for governor seat of Jakarta, with 3,2 million
voters out of 11 million inhabitant of Jakarta. The election held on 8
August, where initial result by Election Commission of Jakarta shows
that Fauzi gained 1,884 million votes (57,9%) and Adang-Dani gained
1,369 million votes (42,1%). Fauzi Bowo is supported by at least 40
politic parties and community organizations, while Adang is only
supported by one politic party, PKS - Partai Keadilan Sejahtera, a
relatively new political party. The calculation at 367 voting points was
held by 600 volunteers. The volunteers found no fraud during the
election.
Ex ministers accused for Corruption.
Laksamana Sukardi (ex minister of State Enterprises) was
called for investigation sessions at the General Attorney' Office for
corruption accusation causing state loss of USD 56 millions, Rokhmin
Damhuri (ex minister of Sea and Fisheries) charged for 7 year
imprisonment, Glenn M Yusuf (ex Chairman of IBRA) and other ex chairman
has been called for series of investigation at the General Attorney'
Office for BLBI-related cases of Rp 35 trillion (USD 4 billion) and Rp
37 trillion (USD 4,1 billion) state liquidity funds in 1997-1998. Ex DG
of Law and Human Rights was also investigated by KPK for corruption and
gratification. A big number of other high rank officers are also under
investigations. Lately, AR Soehoed (87 years), ex minister of Industries
and 3 others become corruption suspect for corruption during 1988-1998,
where a big state funds was used for personal/family expenses.
Indonesian Independent Candidate allowed in the Provincial
Governor Election. The judicial review released by the
Indonesian Constitution Court (Mahkamah Konstitusi - MK) is to
respond the request by pro democracy group, supported by Partai
Keadilan Sejahtera (PKS). The request is for the amendment of
the law 32 year 2004 by inserting independent candidates clause
during provincial election of a direct elected governor in
Indonesia. this breakthrough will empower civil rights and
democracy, where candidates may not only those from political
parties, but also independent person. The request shows, that
people of Indonesia are reluctant to support current candidates
from political parties but shall also aware for artificial
politicians in full democracy system. This judicial review marks
another pillar of democracy in Indonesia, the only most
democratic country in the region, an archipelagic country of
5,000 populated island with 240 millions of population and 580
different ethnics/dialogues.
[July 2007]
Public Officer must Increase Comprehension on Human Rigths.
The release by Minister of Law and Human Rights research
shows, that the Indonesian public officers need to improve the
comprehension on Human rights, those in particular deals with
the implementation of people' rights in civil, social, politics
and economy. Indonesia has established 426 National Action on
Human Rights plan all over Indonesia during 2004-2009, where 423
government officers has been trained for human rights in
Australia, Sweden, Norway, Canada, South Africa and France.
Unfortunately, still a big numbers, policemen in particular, has
no knowledge in human rights. This is respond to strong public
criticism on the conduct of the arrest a number of persons.
Recent research shows that, police institution are those on the
lowest rank in passing grade among other government
institutions. As a result, a big number of policemen
stands for criminal trials and imprisoned under the civil law
for unprofessional conduct and abuses.
400 public officers dismissed.
The numbers are those dismissed within the last 2 years,
after following a number of procedures, where they were
identified being indicipline, incompetent, involved in drug and
other improper conduct. The report released by the Minister of
State Officer Empowerment. Recently, also 60 District Attorneys
received sanctions for unprofessional conduct, involved in court
mafia and gratification.
Reformation of System at the Indonesian Anti Dumping Committee (KADI).
The reformation will cover the system and the Government
Regulation 34 year 1996 on Anti Dumping Duty and Safeguards.
This is in respond to entrepreneurs' and domestic industries'
request for KADI to be more protective and proactive in response
to the dumped products of electronics, steel and foods from
various sources, mostly from China, following its rejection from
the market in the US and Europe. The KADI consist by officers
from the department of finance, trade, industry and statistic.
The reform will cover public legal certainty during
investigation, period of investigation, parties' company
secrecy, fairness, and in-depth knowledge. KADI promised the
reform will be completed in October 2007.
Note: Generally, the
KADI should also reform its human resources, where public knew
only small number members are capable and reliable, those days.
A notably criminal case involving 8 KADI member are in 2003,
where KADI' Secretary Ms. Halida Miljani (now KADI Chairman)
found its 8 members received bribe from one of the party' lawyer
in order to drop the case under investigation. They accordingly
were expelled after found guilty proven by the Indonesian secret
agents who tapped their office and home phones, fax, mobile
phones, and bank accounts.
[June 2007]
Reformation of Tanjung Priok Port Authority Increased
additional Rp200 billion/month State Revenue. The new
so-called Office of Public Services for Port Custom and
Clearance now employed full Electronic Data Interchange where
contact between the on-site users and the data officers at the
port are maintained, electronically. The new system is
effective and efficient, cutting-off smuggling, false data,
fraud and collusion. Previous 1,300 employees were replaced and
848 new well-trained, educated and professional staffs are
securely recruited from all over Indonesia. The new system will
officially take place on 1 July 2007, where the state revenue is
expected higher than it is now.
A number of ex-Government Senior Officials Stand for
Trials for Corruption Cases. The ex-Minister of Sea and
Fisheries is ruled for 6 years imprisonment for gratification
subject to article 65 paragraph 1 Criminal Code. In a different
corruption case, the ex-Chief for Land Office ruled for 3 years,
while in the case of fingerscan project, the ex-Director General
of Department of Law and Human Rights is charged for 20 years
imprisonment under article 2 paragraph 1 and article 18 law
20/2001 of Corruption Law. The ex-Indonesian Ambassador for
Malaysia is arrested for corruption charges, including recently
under investigation of ex-Chairman of BBD State Bank, chairman
of Bukopin state Bank, Director of Operational of State Logistic
and ex-Chairman of State Clove Authority. Other 15 Majors and
member of Provincial Representative also stand for trial for
corruptions. Most of the cases occurred between 1992 to 2003.
[May 2007]
New Presidential Regulation (PP) for Governor Report. The
obligatory PP no. 3 year 2007 stipulate the governors and local
governors to submit their performance reports periodically and upon
their termination of period to the central government, provincial house
of representatives and the community, through local newspapers and
electronic media. The community may respond and challenge for further
responsibilities of the report under the state administrative law,
criminal code and other related laws available to secure the governors
and all of its staff works correctly and to secure people's right. This
is the first law ever been applied in Indonesia.
[April 2007]
18 Indonesian Judges Reported never been Sanctioned by the Supreme
Court. The said numbers of judges are based on 1,200 community
reports of which 500 has been investigated for series of professional
misconduct and involved in court mafia, as reported by the Judicial
Committee (KY). The law they breached is the Ethic Code, where KY has
filed recommendation to the Supreme Court. KY also aware that their
authority has been slashed down by the Constitutional Court ruling, and
expected that under the new bill of KY will empower the President for
direct order to put sanctions for the said judges. In a different
official occasion, President Susilo Bambang Yudhoyono said, that he is
not afraid and will keep maintain the combat of corruption and the
imprisoned corruptors, as proven during his administration. His
administrative order may be seems to be slow, because he is fully aware
about the laws.
16 Supreme Court Candidates' Wealth are Suspicious.
Following the passing serial test of quality, personal and
administration by the 7 members of the Judicial Committee (KY), the said
16 candidate of the supreme court judges now will face people'
responses, where it was found that their wealth exceeds their normal
income. Previous polls and community reports also result the same
findings According to the findings, one candidate of judge owned a house
at the value of USD 105.000, others has its monthly household exceeded
to USD 6,000 to 13,000 as to compared to their monthly salary at most at
USD 1,750. The Judicial Committee will respond to this findings by NGOs.
The whole process of election are the second round after the rejection
of candidates by the House on the first one conducted by the KY last
year.
Presidential Advisory Council, established. Under the President'
Decision signed 26 March, the definitive of 9 advisors, appointed. Each
eminent person will advise in its particular expertise, such as
international relation (by Mr.Ali Alatas), law (Mr. Adnan Buyung
Nasution), economy (Mr. Sjahrir), defense and security (Mr. TB
Silalahi), agriculture (Rady A Gani), politics (Ms. Rahmawati
Soekarnoputri), religion (Mr. Ma'ruf Amin), social and culture (Mr.
Subur Budhi Santosa), and environment and sustainable development (Mr.
Emil Salim).
[March
2007]
A number of
Chairman of State Enterprises called for Corruption Suspect.
Laksamana Sukardi (ex Minister of State Enterprises) were interrogated
for causing state loss during the selling of government Very Large Crude
Cruise in 2004. Eddie Wiyono (Chairman of State Electric Enterprise) for
causing state loss of USD 2,6 million during the procurement of two
truck mounted electrical power in Borang, South Sumatera, where an
Australian businessmen John David McDonald, will be one of the suspect
for corruption. Private partner of the Local Government Busway Project
was also charged for 5 years imprisonment for state loss of USD1,1
million. Recently, Chairman for State Logistic sit for trial for
corruption, where all predecessors happen to be the chairman now are
criminals and imprisoned.
Chairman of Logistics State Company become
Corruption Suspect. Other 5 inferior staffs were then arrested
by the District Attorney Officers after evidences of corruption found,
causing state loss of USD 1,1 million in 2001. 3 other private companies
part of the corruption, were involved and soon will be arrested and
charged. Since 2000, two other Chairman of State Logistic were also
involved in corruption ruled the Supreme Court, and they served their
time in jail and returned the money to the government (Beddu Amang - 4
years since 2004 and Rahardi Ramelan
- 2
years since 2004).
Indonesia and Thailand gained 8,03 point for
Corruption Perception. The said numbers range from 0 for the
less and 10 for the worst, according to a recent research during January
to February 2007 with 1,500 respondents of foreign investors executives
at 13 cities in Southeast Asian Countries, held by PERC based in Hong
Kong. Indonesia' rank is better than 2006, and in contrary for Thailand
and the Philippines (9,40). Singapore (1,20) and Hongkong (1,87) remain
the less corrupt. However, PERC admitted that corruption perception are
closely related to transparency and freedom of speech, and that foreign
business and investors are taking advantages from the corrupted
countries and treated them as a save heaven for corruption.
Indonesian Bureaucrats Fails to Perform.
A new poll result by an Indonesian national circulation newspaper with
885 respondents of at least 17 years old at 10 big cities, interviewed
by phone in 28 February through 1 March 2007 shows in general that,
bureaucrat are opt to be bribed (58%), less discipline (35%), are tied
to their political parties (30,3%) and it took long time to deal with
them for such a public service (62,9%). Respondents also unsatisfied
with their services, in terms of work speed where they tend to be slow
(64,7%), ineffective (65,3%), less responsive (64,9%), less discipline
(64,6%), less able in details (62,1%) and less hospitable (42,8%). In
cities basis, respondents at 9 cities are generally also not satisfied
with bureaucrat services. In terms of its various failure in serving the
public (particularly in public transportation accidents, recently), the
respondents also in agreement the urgency to replace the incapable
persons in order to increase its responsibility (51,6%) and performance
(47,2%). In Indonesia, particularly during the new order era, it is well
known that nepotism and bribe plays significant role in the success of
recruitment of public officers/bureaucrats.
[February 2007]
General Attorney Orders to Push to Search for 12
Indonesian Fugitives. The 5 orders include the
cooperation with the Indonesian embassies and consulates
abroad to report their presence nearby. The 12
fugitives are related to the corruption of the
Indonesian government Bank Liquidity Support in 1997 (BLBI)
for a number of private banks leaded by
Indonesian-Chinese. Singapore, unfortunately is the one
of the country being uncooperative since Singapore has
been well known protecting a number of the said
Indonesian bank criminals. The Indonesia' request of
retroactive extradition has not been responded by
Singapore, whereas the Singapore government request for
a long list discretions has been rejected by the
Indonesian government. The 12 persons are Eko Edi
Putranto (BLBI Bank Harapan Sentosa/BHS Rp 2,6
trillions), Sherny Kojongian (BLBI BHS ), Lesmana Basuki
(medium term notes/MTN Rp 209 billion and USD 105
million corruption case), and Tony Suherman (promissory
notes and medium term notes/MTN case of Rp 209 billion
and USD 105 million), Bambang Sutrisno (BLBI Bank Surya
Rp 1,5 trillion), Andrian Kiki Ariawan (BLBI Bank Surya
Rp 1,5 trillion), Nader Thaher (Bank Mandiri case), Hary
Matalata, Hendro Bambang Sumantri, and Eddy Djunaedi.
According to
Andy Xie, Indonesian' wealth in
Singapore are valued at USD 78 billions, which 200 are
identified to be Indonesian-Chinese businessman/bank
criminals
Indonesian Middle Class must promote Law Supremacy.
An inauguration speech at the Gadjah Mada State
University addressed by Profesor Boediono (current
Coordinating minister for Economy), warns that a
sustainable democracy for Indonesia for the next 9 years
must be promoted by the Indonesian middle class. To
secure its sincere intention toward reformation, the
typical of middle class are expected those particularly
who grew free from past corruption collusion and
nepotism, instead those who previously enjoyed royal
treatment and fed by social and economic priviledges
prior to the 1998 reformation. The typical of such
Indonesian middle class remain small in numbers, where
it is represented by the professionals, NGO, and private
entities. In terms of Indonesia's economy these days, it
is likely that law supremacy must take place for a
sustainable democracy.
Indonesian Police Force under the Department of
Domestic Affairs. New laws will put the Police Force not under
the President's Office, but under a ministry. In spite of rejection from
the Police Forces, the draft however increased big positive responses,
where police authority must be limited only to security issues, and not
beyond it as it is now. Currently, the police may conduct district
attorney's tasks to investigate and interrogate crime suspects. The
human resources during recruitment is also the concern, since study
shows the policemen recruitment' passing grade is the lowest among other
public institution, including bribe and nepotism issues.
KPK Cooperate with KY (Judicial Commitee) and PPATK (Center for
Financial Transaction Analysis). All the three institutions
shall share data and information, including exchange of staffs,
education and training. Declined attitude of judges are also covered,
where each may report and take legal actions.
KPK called a number of Governors for Corruption indications. The
governors are from Central Java for a corruption case of public
transport procurements and ex governors of South Kalimantan for land
procurements public project. Other 7
governors are
also investigated for corruption indication, which are from the
provinces of West Java, Lampung, North Sumatera, West Sumatera, Riau,
Bali and Irian Jaya. A number of regents also called for corruption
investigations at various public projects and budgets. Indonesia is the
only country in the region where high rank civil and military public
officers are called and punished for authority misconduct.
[January
2007]
KPK Cooperate with KY (Judicial Commitee) and PPATK (Center for
Financial Transaction Analysis). All the three institutions
shall share data and information, including exchange of staffs,
education and training. Declined attitude of judges are also covered,
where each may report and take legal actions. Other cooperation between
the Indonesian government (the General Attorney Office and the Police)
and the US (the FBI and the DEA) also recently resulted that, an
Indonesian corruption fugitive in the US will soon be arrested and
deported for trial in Indones
[December 2006]
KPK (the Indonesian Corruption
Extermination Committee) 'seized' USD 3 mllion Corruptors' Assets in
2006.
The number will escalates with additional USD 1,7 million
under investigation, where assets seized are vehicles, properties,
lands, machineries and office equipments. Assets are seized from 26
cases out of 120 cases in 2006 only. Up to November 2006 there are
15.861 community reports of corruption, where 95 percent assessed and
226 corruption cases are seriously investigated, recently, and 78 cases
on trial and 11 cases received verdicts. In 2007, KPK will remain
targeting at big amount corrupted by public figures, where in 2006 KPK
conducted legal due processes to - including but not limited to - 8
governors, ministers and 3 ex-ministers, army generals and police
generals, majors, high rank officers and member of parliaments, and a
big number of businessmen.
Indonesian Constitution Court (MK) revoked article 53 of the Anti
Corruption Law. Upon 10 article requested, MK only admit 1 of
the article 53 of the establishment of the Anti Corruption Court. The
article is considered weak in legal ground, but do not necessarily in
contrary to the Indonesian Constitution. The MK then suggest the
lawmaker to enact new laws to establish the said court within 3 years.
The decision is made considering corruption is an extraordinary crime
and the people's opinion.
KPK reinvestigates
30 out of 52 pending Corruption Cases of Bank Liquidity Support (BLBI) 1997. The
case involved new evidences of assets 'dismissal' by obligors during their debt
settlement to the Indonesian Authority, the IBRA, during 2001-2005. A
number of suspect from the involved obligors of private entities, IBRA's
staffs, notaries and lawyers are now under serious investigation. KPK
has the extended authority to investigate business fraud cases leading
to public interest' loss and state financial loss. In relation to that,
3 of Indonesian high rank Central Bank officers was held responsible(duringthose time in 1997)
and imprisoned for 2 and 3 years. On other BLBI cases, the
Minister of Finance urge other 8 major fugitives obligors soon to pay their
debts in cash, instead of assets. 6 obligors has previously surrendered. Their personal details has been
published through televisions and gained positive community responses.
Some of the fugitives, mostly are Indonesian Chinese businessman, stays
in Singapore, China and Australia.
Indonesian State Auditor Findings of Corruption at State Owned-Companies.
The corrupted funds at 4 state owned-companies are of Rp 85,11 billion
(equal to USD 9 million) and USD 4,23 million at Bank Negara Indonesia
Pension Fund, 2 other insurance companies, and corruption during the
procurement of choppers for state purposes. KPK will soon will make
further actions responding the reports.
[November 2006]
Indonesian ex
Minister of Sea and Fisheries is Arrested for Corruption. The
said minister is held responsible for illegal levies of 1% from the
collected Rp15 billion (USD 1,7 million) from the municipals in 2004.
The business partners private companies for the said program, is also
under arrested. This the third ex-ministers arrested and criminalized
for corruption cases, where also 5 government projects' business
partners from private entities are involved, some already imprisoned.
Another
illegal levies corruption case also under investigation by
KPK
toward the Indonesian ex Consul in Johor Baru, Malaysia in 2003. he
was just arrested and held responsible for state financial loss of
USD 1,8 million.
Government Officers, Slashed Down. This is the government of
Indonesia's reform plan to reduce the current numbers of government
officers from total 4 millions to 2 millions all over Indonesia,
gradually. Around 160,000 retired annually, but the government will only
recruit new staffs based on urgent necessity, to improve their quality
and effectiveness based on integrity, moral and intelligence. In doing so, the government
also support through a set of new bills of State Ministerial, of Public
Services, of Government Ethics, of Government Administrative Law, and of
Government Official Law.
President Susilo Bambang Yudhoyono Establishes a Working Unit. The
Presidential Working Unit of 5 major tasks are to accelerate reformation in
law, investment, SMEs, bureaucracy administration and economy. The Unit
composed of a number of eminent person having integrity, clean
background, professional and commitment to progressive development, such
as Marsilam Simanjuntak (ex General Attorney and State Secretary) and
Edwin Gerungan (ex Chairman of IBRA).
The establishment based on a Presidential Decree, however built up
controversies where the super body is suspected to have more power to touch those the
untouchable in corruption.
A Number of Indonesian Governors Stand for Corruption Trial.
The recent is the Governor of West Java Province for corruption in
providing lands for the member of the local parliament in 2003 causing
USD 3,75 million state loss, others are the Governor of East Kalimantan
Province (4 years in jail) and his 24 year daughter (for nepotism and
corruption in the daughter's private business in 2005). The other is the
Governor for South Sulawesi Province, who previously happen to be a
lawyer then charged for direct involvement in document falsification and
other crime committed to of state land rights in Jakarta in 2004.
Based on the law 32/2004, the above active governors shall be temporary
replaced by the deputies until the trial resume. Indonesia has 33
governors, where previously other 5 governors also face for trial
corruption in 2004 only.
[October 2006]
Government
Officers Must not Accept Parcels: a Policy. The said policy has
been effectively implemented since 2004 under the President Susilo
Bambang Yudhoyono' administration, where such policy are in order to
avoid from indirect bribery or gratification from anyone towards
government officers. This policy gained full support not only by the
people, but also followed by the business community at large. The
KPK this year implement a reverse
paradigm, that parcels are given to the staffs and those the less
fortunate.
14
Corruptors Publicated. 14 Indonesian corruptors identities
already broadcasted through a private and government television
networks, according to the General Attorneys Office. The said 14 are
those who has been ruled and binding by law and therefore must take
effect. In relation to that, it was confirmed by the Department of
Justice, that almost all of 86 recent corruption cases are on trial,
mostly ruled.
The Bill of Government Ethics. The bill emphasize more on
moral, ethics and norms applied to all government officials covering
from the president and the vice president, members of the parliament,
office of the central banks, and all other government institution funded
by the state budget. The law are to respond the community complains on
bad public services, nepotism in recruitment and low quality of human
resources at some institutions.
9 out of 100 applicants for the Supreme Court Judges. This
is the initial number of the candidates for the Indonesian Supreme Court Judges
after passing a number of examination by the Indonesian Judicial
Committee, where only 3 are from the career judges. The criteria are
tight, based on merit system, the qualification also covers
intellectuality, moral, clean background, deep investigation of
candidate's wealth and proprietary, and commitment to uphold
the law and justice in Indonesia. Based on the current poll, the
community perceived, that the Indonesian court and judges has fallen
to the lowest point of trust, since most judges are considered less
intellect, moral hazard, no commitment to uphold law and justice.
[September 2006]
7,038 corruptors out of total 111,000 persons imprisoned and
detained. This is the number of corruptors imprisoned and
detained for corruption cases, where those include the very recent of 4
provincial governors (equal to state), 2 ex-ministers, a big number of
people' representatives and number of persons of high rank civil
officers, including a number of police general and army generals, which
are arrested for further investigation and interrogation, under trial
and imprisoned for corruption cases in Indonesia. 33 foreigners out of
99 are also those awaiting for capital sentences. The said numbers
released by the Minister of Law and Regulation, where numbers is
believed will escalates.
Indonesian ex-Consul General in Penang (Malaysia) sentenced for 3 years
Imprisonment. The said person during duty in Malaysia abused his
consular authority for discrimination and corrupted levies to Indonesian
Migrant Workers, which has caused state financial loss of USD 3,2
million. Another case in corruption also has led the anti corruption
court sentencing from 4, 7 and 12 years to three officials from the
General Election Committee. Another Indonesian fugitive for illegal
lodging was also arrested in Beijing, recently. He was rearrested for an
attempt to escape. However, other 50 suspects are now on the list, where
most stayed in Beijing, China.
The Indonesian Financial Controller Freezed 579 Government
Officers Personal Bank Account. This is due to suspicion that
around USD 25 billion government funds are identified missing and
being suspected misused for personal and family interest and purposes by the said number
of government officers and the retired. A big number has its overseas
accounts, also detected.
[August
2006]
Revision of the Law of the
Supreme Court. This is in line with the revision of the Judicial
Commission Law planned by the parliament right after its annulment by
the Constitution Court due to inconsistency to the Indonesian
Constitution, where the said laws allows both institution to take
control of judges manners and behaviours. The annulment creates many
responses from the legal reformist, where it is well known that 40%
Indonesian judges are involved in court mafias, according to a report. A
number legal reformist compels the issuance of interim laws by the
president to keep the consistency of the law and legal reform.
KPK Investigates Foreign Investment Companies. This is due
to the community reports of foreign investment companies bribed
Indonesian government officers for various interests and purposes. A
British foreign investment company is now under consideration to be
investigated. Previously, 3 social foundations from Europe, were
indicated for corruption during the Aceh Tsunami Recovery Program, based
on early investigation.
KPK will make Aceh Province as a model free from corruption.
This will be initiated by KPK to investigate all foreign NGOs in Aceh
during the Tsunami recovery program since strong indication of
corruption, existed. This action is based on article 7 law 20/2001,
where private and individual entities committed to business fraud, are subject to criminal charge of corruption. KPK
has received at least 14.000 community reports of corruption, where only
54% bear criminal charges.
New Prison at Nusakambangan Island.
The new high
technology prison at southern island part of Central Java, has 400
cells, which is expected for corruptors and bank criminals, is now
open. The Indonesian Minister of Law and Regulation said, that the
prison utilize high technology will help the operation. By the end of this month, the Minister will
also consider to publish to television, the said bank criminals and
corruptors to make people aware of their presence in the community and
report them to the police.
[July
2006]
Private and Business Entity are Subject to Corruption Charges
of article 21 UN Convention. This is a new issue to be applied
in the revised Indonesian anti corruption law to conform with the
article 21 of the UN Convention Against Corruption (UN CAC). The UN CAC
stipulates, that corruption charges do apply not only to public officers
but also to any parties involved in corruption, directly and indirectly,
including private entities. The punishment will cover criminal code and
private law.
Indonesian Financial Controller investigate 3 Government
Departments. The 3 are the Department of Education, Department
of Health and Department of Public works, where strong evidences proofed
that most projects are
identified for mark up, collusion, corruption and nepotism between
government officers and private sectors. This has caused state loss are up to 30%.
Bill
on Witness and Victim Protection, passed the parliament. The new
law is expected also to disclose crimes at various entities such as in
state offices, state enterprises, judicial bodies, police and public
attorneys office. The law will support KPK, where the law covers
protection to also whistleblowers, and do not limit crime reported. Any
parties threaten witnesses are subject 1 to 7 years imprisonment plus
fine of Rp40 million to Rp500 million. Additional one third crime
penalty applied if threat is conducted by a government officer. According
to ICW, there were 39 witness, victim and whistleblowers under threat
for defamation charge during 1996 to 2006.
KPK (the Indonesian Corruption Eradication Commission)
pushes Statutory Declaration for Government Officers. This
applies to those at middle management and higher, including those the
army officers. The said subjects of law must report any current
proprietary and wealth on his/her behalf and/or other, spouse, children,
in-laws, and grand children. The report must be submitted to the
Internal Monitoring Institution (Inspectorate-General Office) at each of their departments, the tax offices
and the KPK office. In the event any findings beyond reported, the court
will make summon for clarification to the subjects.
The Indonesia Advocate Association Objects KPK Eavesdropping.
The association, one of other 7 associations, argued that this is
related to the right of immunity bear by advocates on duty. KPK now has
the right to make investigation through eavesdropping, phone tapping,
monitoring of bank accounts and other means to collect information to
those suspected for corruption by government officials.
Seminar
Implementation on UN Convention Against Corruption. The seminar
held by KPK together with a number of university academics. The result
are to empower and broaden the definition of gratification, covering
pre-gratification to public legal officers in judicial bodies and
sub-criminalization to parties receiving illegal money derived from
corruption.
Indonesian Governors Indicated in Corruption. The two governors
are from province of West Java and province of Banten, both adjacent to
the province of DKI Jakarta, has been investigated by KPK for various
corruption indication in a number of government projects. Another
governor, from Kalimantan Timur, has been detained by KPK for abuse of
authority that lead to corruption. All are active governors. Indonesia
consist of 33 provinces equal to states in a federal system, 340
regencies equal to district/city.
Indonesian General Attorney dismissed 2 Senior Attorneys. The
said attorneys was considered indicipline by possessing illegal
materials. Another 5 senior attorneys (Chairman of Provincial Attorney
Office) are also investigated for involvement in court mafias.
[June
2006]
188 community reports of Public Attorneys. This is the number
received by the Public Attorneys Commission since its establishment in
March 2006, where 45 are directly sent to the office of General
Attorney. Reports are unprofessional attitude of public attorneys. The
Commission task are to monitor and make recommendation to the General
Attorney instead of punishing.
Indonesian Police Commission established. The law is the
Presidential Decision No 5/2006, chaired by Coordinating Minister of
Politics, Laws and Security, the deputy is the Domestic Affairs
Minister, with members from NGO academics and other legal
professions. The Commission tasks are to support the government in
setting up police strategic policies and to respond citizen's report
of police public services.
Indonesian Bureaucracy score at 8,2 out of scale 10. This is
slightly better than India with score 8,95, compared to Singapore (2,2)
and Hong Kong (3.1), a report released by PERC in 2005.
3,3 millions of
government officers are serving 230 millions of Indonesian people at 33
provinces and 340 regencies, which are spread into 5 major island and
others thousands islands at an area of 1,9 million square kilometers.
This is to compare to Singapore with 3 millions people.
Police Officer Performances. A recent research conducted by a
national circulation newspaper shows, that public disappointment and
dissatisfactory to police performance increased significantly 53% to
77% in 2006 compared to 45% to 65% last year for 5 major police
services. The bad performances are, such as involving police creates
bribe,
creates more problems than solving it, police protecting illegal businesses and human rights violations. Recruitment
transparencies to be a police officers are also the main concern with
regard to their professionalism and morality , an NGO reported.
[May
2006]
Bureaucracy Reform.
At about 30-40 Indonesian regencies successfully conduct its bureaucracy
reform through simplification of public services and annulment of
various levies. An example is, the County of Kebumen (in Central Java
Province),
who successfully operate e-government and applying low cost internet
access to its people
and free internet access for public schools.
The County
of Solok (West Sumatera
Province) implement one roof public service (for
62 public needs), transparency, public participation, financial
support for local government, including reducing chief salary up to
87%. Other successful model regencies for good governances are Sragen
and Sidoardjo (Central Java), Jembrana and Tabanan (Bali
Province), Pekanbaru
(West Sumatera
Province),
and Gorontalo (Sulawesi Tenggara
Province). Those
regencies will play as a model for Good Governance for
other regencies. Good governance will also implement moral building
to reduce KKN, be it at the regional (state) offices or at the central
(federal) government.
On the contrary, Bogor and Bandung (West Java)
considered fail to perform in
this area, Ministry of State Government Apparatus Enforcement reported.
200 Indonesian Criminals and Corruptors.
KPK,
(the Indonesian Corruption Eradication Commission) released
its latest info, that the above numbers are those details has been
identified stay and live in Singapore. Mutual Legal Assistance to
extradite them between both government has not been yet concluded
since end 2004. However, 8 of them has voluntarily surrendered to
the Indonesian authority since early this year. Further info on KPK
can be obtained at this
link.
Government Procurement.
New Presidential Decree number 8 year 2006 amended some article of
previous Presidential Decree number 80 year 2003, released. Any
goods and services procurement and government’s projects conduct and
procedures must be transparent and open to public to access. This
law will reduce KKN (Corruption, Collusion and Nepotism) between
government officials and business entities.
133 judges to be investigated for KKN. This is in relation to
their decisions releasing 142 Indonesian corruptors during the period of
1999 to 2004. The
Indonesian Corruption Watch (ICW)
requested the Indonesian Judicial Commission to investigate the said 133
judges, including a number of public attorneys for indication of
receiving bribe during the trial process. Other legal profession related
to, are also under close surveillance for involvement in court mafia.
Indonesian Court Mafia Veil Revealed. This was initiated by a
defendant disappointment who revealed right after a court session in the
court room, that he bribed the public attorney Rp 600 million (USD
62,000). This incident now increased public awareness that actors of
court mafia are not only the judges, public attorneys, police, and
advocate, but also initiated by the disputing parties.
11
Big Gratification Cases since November 2005.
The
above numbers are public officers involved in court mafias covering 3
high rank police officers, 3 judges (one is a court chairman), 2 court
registrars, 2 High Court officers and 3 advocates. 3 out of them had
been punished for 2 years imprisonment. KPK has also identified officers
involved in gratification, corruption and nepotism at various state
entities and judicial entities covering for at least 1000 people at the
people' assembly, 15 at happens to be the chief of the local assembly, 7
governors and 6 ministers and ex ministers, 4 Chairman of State
Enterprises and hundreds of governments officers.
[April
2006]
Commission of Public Attorney established.
8 members tasks are to monitor, control and punish deviations during
service to all public attorneys during service. The establishment is
based on Presidential Regulation.
[February 2006]
News
Draft of supporting Laws on Good Governance.
The set of draft of laws aims at an efficient and effective governance,
such as the draft of law of Ethics of Governance. The laws is expected
to be released upon approval from the House. Other related new draft of
laws are Draft of Public Services, Draft of Law of Nationality, and
Draft of Law of Civic Administration. The latter law is expected to
cover the basic rights for civil for good, services and administration
services by the government officers. Current Law on Good Governance Law
is Law 28 year 1999.
[December 2005]
Pertamina go for efficiency.
The only Indonesian state oil company will soon restructure its human
resources management, by slash down half of its staffs within 1 year. It
is admitted that past staffs recruitment at many state-owned companies
were not transparent and has a strong indication of collusion and
nepotism. This is due to efficiency to respond global competition.
[November 2005]
Draft
of Law of Freedom of Acces to Public Information will soon be released.
The draft of the said law (since 2001) will empower the people to be
involved in public decision making process and avoid public and
government officers from corruption-collusion and nepotism through the
enforcement of the access of public informations by public. The law will
also impose government officer for 6 months of improsenment and 5
million fine for any case to hinderance to access the public
information.
Seven
Indonesian Suspected Judges for Corruption under Investigation of
Indonesian Judicial Comittee.
The said report are based on thorough investigations conducted by ICW
(Indonesian Corruption Watch) and MaPPI (the Society to Monitor
Indonesian Courts) covering the said judges' friends, family & home,
inner circles, workplaces, where they found strong indication and
evidences of unreported ownership of luxurious properties to the
government. An example is, a judge owns 7 luxury houses, 5 luxury cars.
[October 2005]
60
Permits for Investigations of Suspected for Corruption.
The 60 permits are the number of permits issued by the President Susilo
Bambang Yudhoyono during his term since October 2004, for its government
official for criminal investigation by the police. This is to respond
community reports for government officials involved in corruption,
covering 8 members of the house, 4 governors, 32 local chiefs, 8 deputy
of local chiefs, 6 majors, and 1 deputy of majors.
KPK
searched the Indonesian Supreme Court Office.
KPK
(the Indonesian Corruption Eradication Commission)
then arrested 5
staffs and a lawyer who happen to be an retired High Court Judge accused
for involvement of bribe to a supreme court judge panelist, which is
against the law no.19/1999. KPK seized money of USD 400.000 and Rp
800million from their offices. KPK actions is within the plan to execute
investigations of hundreds of KKN (Corruption-Collusion-Nepotism) cases
in Indonesia, supported by the wide spread community.
[September 2005]
Bribe
Case on Trial.
Court'
staffs and a regristrar' officer together with an Indonesian lawyer are
on trial for bribe of board of judges on a high political case of
corruption by a provincial governor. In another case, the Indonesian
Judicial Commission, after an investigation of a board of judges in a
decision of a dispute of election votes, has recommended the Supreme
Court to suspend a judge from its duty in court for 1 year. More other
tens of cases on bribe are now on court trial sessions.
Court
ruled over Bank Corruption.
Life sentence was ruled in absentia toward another Indonesian bank
criminal for corruption of a state owned bank fund of Rp 1,24 trillion (USD
1,24 billion) in 2004. The said person now stay and live in Singapore,
following other 12 fugitives Indonesian bank criminals. Talks between
both governments of Indonesia and Singapore for extradition are at the
final stage.
15
Indonesian Police Officers personal Bank Account are Suspected.
The KPK suspected that their personal bank accounts are abnormal, which
one of them have almost USD 900 million. Half of the suspected are still
active, some are retired, some are high rank police officers. KPK
suspicions are related to the report from the community of their illegal
businesses, such as protection money, illegal lodging, abuse of
authority, and gambling, which business are now under serious attack by
the new appointed Police Chairman. Recently, the Indonesian KPK also
seized a number of Indonesian personal bank account in the Switzerland
suspected from illegal sources.
[August
2005]
7
member of the Judicial Committee.
Members
are inaugurated by President Susilo Bambang Yudhoyono. The committee'
first tasks are to compile data of 6000 Indonesian Judges all over
Indonesia.
[July 2005]
Financial Auditors Dismissed for Receiving Bribes:
The 15 auditor dismissed due to evidences for misconduct of authority by
receiving bribes from some State Companies during routine financial
session. Other hundred Indonesian government officials also imposed the
same discipline for receiving bribes since 2001.
Commission of Public Attorneys, appointed.
7 appointed members of the Indonesian Commission of Public Attorneys was
determined by the President of the Republic of Indonesia through
Presidential Decision number 116/M/2005 earlier this month, after
selected from 206 applicants. Two of the members was a Public Attorneys
officers, others are advocate, NGO activist, lecturer, and community
members.
[June 2005]
7
Judicial Committee Candidates.
Indonesia will soon have its Judicial Committee, after hundreds
applicants being selected, finally there are 7 candidates to be proposed
to the parliament. The main task are to make recommendations to the
Indonesian High Court and to watch judges during their duty, all over
Indonesia.
[April 2005]
Member
of Indonesian Election Committee (KPU) caught for bribe attempt.
An
Indonesian member of the KPU has been caught by an under cover
Indonesian official of KPK for an attempt to bribe an Indonesian
Financial Controller Authority (BPK) of Rp 150 million during financial
investigation of the said committee. During the initial investigation,
most of KPU staffs and some of the member of the parliament are
involved.
Public
Prosecutor/District Attorney Commission.
At least 66 lawyers candidate recruited during the second stage to be
appointed to sit as a member of the Public Prosecutor Commission of
Indonesia. The main tasks of the Commission are to watch closely to
avoid deviation of duty and authority of the Public Prosecutors and make
recommendation to the General Attorneys Office. Currently, 14 candidate
members of the Judicial Commission are also under recruitment.
[January 2005]
Anti
Corruption.
New
Government Regulation (Perpu) will be released, called the 'Acceleration
Action to Exterminate Extraordinary Corruption'. The law is tougher,
covering corruption and bribe by and/or towards any public officials,
civil person and non-civil persons, which are subject to serious
criminal charge. The KPK has the authority to revoke passport, tapping
any communication means, blocking bank accounts and arrest persons
within 24 hours without notice anyone regardless their nationality
residing in Indonesia. Bribery to public officers is also subject to
criminal charge, a penalty of Rp 200 million to Rp 1 billion and 4-20
years imprisonment, live sentence in jail up to death sentence.
200
Corruption Charges.
More than 200 corruption charges against Indonesian public officers from
Governors to Chief of Districts and member of people' representatives,
100 cases are now under investigation, some other 100 cases on trial,
some ruled and imprisoned. The Indonesian KPK is also planning to take
actions against public prosecutors, police and judges for corruption
charges in mid 2005.
[September 2004]
Limitation of Gratification to Public Officers.
New laws will be released on limitation of gratification for government
and public officers. Penalty and years of imprisonment applies to both
wrong doers. This law aims to avoid from bribery and to put more public
control on public officers in the spirit of good and clean government of
Indonesia.
Public Prosecutor Watch.
the
Indonesian Parliament agreed to release new laws on the possibility to
establish an independent body to watch over the Indonesian public
prosecutor while on duty, to avoid public prosecutor from deviation
conducting the laws. Currently, some NGO are also watching over the
Indonesian courts proceeding and the judges.
[January - April 2004]
Supreme Court, Judicial Body Laws.
Indonesian Parliament passed new bills: the Law of the Supreme Court
(Law no. 5/2004), the Law of the Judicial Body (Law no. 4/2004) The
major issue for both laws was that the judicial body is now under the
authority of the Indonesian Supreme Court (Mahkamah Agung RI). The law
also allows any person/legal entity to sue any legal officials
(policemen, judges, prosecutors) from illegal arrest, groundless
judicial decision and wrongful imprisonment.
|
|
| |
Copyright©www.dahanarekan.com
2001-2010 |
|
|
|
|