Corrupt politicians and sting operations

Another legislator was arrested in a corruptions case. KPK, the Corruption Eradication Commission, arrested politician Damayanti Wisnu Putranti from the ruling Indonesia Democratic Party of Struggle (PDIP) on Wednesday night (13/1). The arrest added to a long list of legislators implicated in a corruption case.

Based on Indonesia Corruption Watch monitoring data from 2005 up to January 2016, 87 members of DPRD, the Regional Representative Council, as well as DPR, the national House of Representatives, across various political parties have been implicated in corruption and incriminated by KPK. The majority of them, 82 out of 87 legislators, were involved in bribery, while the other 5 were charged with abuse of authority. So far, not one of them managed to dodge a sentence after being charged by KPK.

Damayanti Wisnu Putranti is the 8^th legislator to be apprehended by KPK in a sting operation, also known as OTT, the red-handed arrest operation. The other seven are Dewie Yasin Limpo (Hanura), Adriansyah (PDIP), Luthfi Hasan Ishaq (PKS), Al Amin Nasution (PPP), Bulyan Royan (PBR), Abdul Hadi Jamal (PAN) and Chairun Nissa (Golkar).

These legislators – nota bene politicians – that make up the list of corrupt politicians have not merely tarnish the image of their respective political parties, but also the legislative institutions in general. Increasingly, the face of political parties as well as legislative institutions becomes synonymous with corruption practices.

There are at least three phenomenons to be observed from the list of corruption cases that incriminate the legislators: poor legislator recruitment within political parties, high-cost politics, and poor internal oversight within political parties and legislative institutions.

KPK's efforts to apprehend corrupt legislators should have been supported by all political parties in order to sterilize their party from corrupt cadres. However, the reality is an irony. On the contrary, political parties prefer moves to cripple KPK by way of legislation process within the councils.

A number of political parties had proposed a Revision of KPK Law that in fact substantially undermines the authority of the anti-graft body. They moved to limit the life-span of KPK to only 12 years more and to cutback and reduce its authorities one at a time. They look to complicate procedures for OTT sting operation, a linchpin for KPK investigations to capture corrupt politicians, with extra court warrant for wiretapping. Should the revision be adopted, KPK will most likely lose its capacity to field any more sting operations.

Any attempt to impair KPK – including to revise the KPK Law and convolute OTT procedures – must be rejected. The presence of the anti-graft body should only be reinforced, not impaired or even dissolved. There should be more KPK sting operations against corrupt legislators in order to bolster the reputation of DPR. DPR and political parties should instead embrace KPK as their strategic partner to eradicate corruption.

Vice President in defense of corruption suspects

Vice President Jusuf Kalla appeared as a defense witness in a corruption case against Jero Wacik, former Minister of Energy and Mineral Resources on Thursday, January 14, 2016. In his testimony at Jakarta Corruption Court, Jusuf Kalla gave information regarding the Minister's Operational Fund (DOM). Wacik served as Minister of Tourism during Kalla's first stint as Vice President in Susilo Bambang Yudhoyono's administration.

At the corruption court, Jero Wacik is being charged on three violations: DOM misappropriation for personal and family interests, receiving bribes for personal interest, receiving gratification at his birthday party in a hotel. State Prosecutors from the Corruption Eradication Commission (KPK) charged him with Article 11 of the Corruption Law with a maximum sentence of 5 years in prison.

This is not the first time that Jusuf Kalla appears on court as a defense witness for a suspect of corruption. In May 2014, Kalla testified for defendant Budi Mulya in the case of Bank Century bailout corruption. Then on April 13, 2015, well into his second stint as Vice President with President Joko Widodo, Kalla appeared on court in defense of Indriyanto MS (aka Yance), former Regent of Indramayu who were implicated in corruption of land acquisition for a 2014 Steam Power Plant (PLTU) project in the regency.

On this case, Budi Mulya was found guilty at Jakarta Corruption Court and subsequently sent to 10 years in prison by the judges at Jakarta Corruption Court, while Yance was eventually set free by the West Java Corruption Court.

For the case implicating Jero Wacik, Kalla's appearance as a defense witness for a corruption defendant promptly inflamed controversies. On one hand, Kalla's testimony could be considered as a personal representation, but the public will most definitely relate his appearance as the state's representation.

In legal norms, every citizen is obliged to appear in a testimony. But ethically, the testimony of Jusuf Kalla with his capacity as Vice President is generally considered improper – particularly when using his capacity to provide a defense testimony in favor of a corruption suspect. Corruption is an immensely unethical conduct, and surely, defending corruption suspect would be seen as equally unethical for a state official.

Jusuf Kalla can be perceived to be unsupportive for the corruption eradication agenda and standing in the way of KPK's efforts to prove Wacik guilty of corruption. Kalla's actions also go against the administration's Nawa Cita (nine ideals) agenda as campaigned by President Joko Widodo, one of which is to reinvigorate the corruption eradication agenda, including empowerment of KPK itself.

In order to preserve the government's anti-corruption reputation and commitment, Vice President Jusuf Kalla could have refused the summon to appear as a defense witness in a corruption trial. Especially since there is already a precedent in place when SBY, during his term as President, refused a court summon to appear as a defense witness for Anas Urbaningrum, a suspect of corruption in the Hambalang project.

WEEKLY SUMMARY

The civil society coalition organized dialogues with the Ministry of Education and Culture to push for policy reforms. www.antikorupsi.org/Zcy

Attorney General Office does not need presidential warrant to interrogate Setya Novanto. www.antikorupsi.org/ZcF

Donation of books about environment for a judge was organized after he was considered to be ignorant of environmental issues. www.antikorupsi.org/Zct

Integrity aspects must be strengthened to prevent corruption in the education sector. www.antikorupsi.org/Zcv

The civil society coalition reported a judge from Palembang State Court to the Judicial Commission. www.antikorupsi.org/Zpk

Judicial Commission must promptly question a judge from Palembang State Court. www.antikorupsi.org/ZpZ

Simponii band organized fund raising to campaign about violence against woman. www.antikorupsi.org/Zp4

Special Report: Waiting for a breakthrough from KPK vol. IV . www.antikorupsi.org/Zpo

KPK leaders have not answered public skepticism with legislative arrest. www.antikorupsi.org/ZpJ

KPK should be more prudent in fielding OTT sting operations. www.antikorupsi.org/Zp3

STATUS UPDATES

January 11

KPK questioned former Technical Director of PT Pelindo II, Ferialdy Noerlan, as witness for suspect Richard Joost Lino in the alleged corruption of a 2010 quay container cray (QCC) procurement at the state company.

KPK named Dudung Purwadi (DPW) as suspect in an alleged corruption of Athletes Compound and Multipurpose Building project in 2010-2011 at the South Sumatera Provincial Administration.

Former Minister of Religion Suryadharma Ali was sent to six years in prison and fined IDR 300m, equal to another 3 months in prison.

Former Chief of Road Infrastructures at Rembang Regency Public Works Office, Raharjo, was sent to one year in prison after he was found guilty of corruption on the Sulang-Sumber road maintenance project in 2014.

January 12

Irenius Adii and Setiady Jusuf, suspect of bribery for member of Commission VII in DPR, Dewie Yasin Limpo, had their first trial at the Corruption Court.

January 13

East Java Provincial Attorney arrested four suspects of corruption at PT Garam.

Village Chief in Jeruk of Selo Sub-District, Juminem, was named as suspect of corruption in the 2011-2013 national community empowerment program (PNPM).

January 14

After being a fugitive for a long period, a corruption suspect of the 2012 medical equipment and family planning procurement at Kraton General Hospital in Pekalongan was apprehended and immediately interrogated by the Provincial Attorney.

Former Mayor of Parepare, Sjamsu Alam, was charged with two years prison sentence in an alleged corruption of the Local Legislative Housing Allowance.

Former Regent of North Aceh, Ilyas A Hamid, was sent to six years in prison after being found guilty in corruption of loans in the amount of IDR 7.5b during the 2009 fiscal year.

January 15

KPK officially named Damayanti Wisnu Putranti as a suspect for receiving bribes for a road construction project in Ambon.