To Replace the Attorney General

The national civil society is escalating pressures to oust the the reigning Attorney General. Essentially, they consider the AG to have performed poorly during his tenure, particularly in enforcing the law, human rights and corruption eradication.

Ever since HMP was drafted as candidate for AG, many had doubted his capacity and impartiality to run the office, since he was a politicial from the National Democrat (NasDem) Party. The civil society suspected that if members of his party should be implicated in corruption case being handled by the office, there would be a towering chance of conflict of interest in the ensuing investigations. His appointment was also criticized for being contradictive to the President Joko Widodo (Jokowi's) Nawacita campaign, in which the Corruption Eradication Commission (KPK) and the Financial Transaction Report and Analysis Center (PPATK) were not involved the way Jokowi select candidates for other ministerial positions. Whereas many other public figures were considered to have the necessary competence, fortitude, achievements or capacity to sit at the Attorney General's Office (Kejagung).

During the first year of the administration of Jokowi and his Vice President Jusuf Kalla (JK), the civil society coalition that involves KontraS (Commision for Victims of Violence and Disappearance), YLBHI (Indonesian Legal Aid Foundation), ICW (Indonesia Corruption Watch) and Taktis (Civil Society Against Criminalization) have recorded several particular points which concerns the performance of Kejagung.

From the perspectives of law enforcement and human rights, KontraS gave several notes that began with the office's investigation on gross violation of human rights which have been neglected for the past 13 years (2002-2015). Kejagung never initiated investigation on 7 (seven) cases about gross violation of human rights which human rights investigations were completed by the Human Rights Commission (Komnas HAM). Kejagung repeatedly returned Komnas HAM's dossiers for many different excuses that even contradicted with laws and Constitutional Court rulings. More recently, HMP took a blatant abuse of authority by organizing a 'team of past cases' in order to settle gross violation of human rights by means of reconciliation – out of court settlements.

YLBHI and Taktis also pointed out by further notes with a conclusion that the Attorney General have maintained a central role over criminalizing moves against 49 individuals that were investigated, arrested, detained, and named as suspect by the Police's Criminal Investigation Unit (Bareskrim) in a consecutive and structured chain of events. The criminalizing moves was taken against KPK, the Judicial Commission (KY), Komnas HAM, as well as lecturers, former Chief Justice, and anti-corruption activists, as soon as they make public comments regarding the naming of Commissioner General Budi Gunawan as a suspect of corruption. The victims in this move include Bambang Wijdojanto, Abraham Samad, Denny Indrayana, Tempo (as a media), Suparman Marzuki Taufiqqurohman Syahuri, and still many others. In all these case, Kejagung palyed a significant role to control incrimiations starting from the initial investigation at the hands of the Police.

From the perspective of corruption eradication, ICW recorded several notes. Among others, these include the implementation of the Presidential Instruction (Inpres) No 7/2015 on Prevention and Eradication of Corruption (PPK). Out of 17 tasks listed in the PPK National Strategy (Stranas PPK) that have direct correlation with Kejagung, ICW have not noticed a single one that have been acxomplished by the office.

Aside from the civil society, Chairman of the Great Indonesia Movement (Gerindra) Party had also gave his assessment on the performance of Kejagung.Despite acknowledging that ousting ministers is the prerogative of the President, he iterated that the Attorney General need to perform professionally and refrain from sectoral and partial interest in enforcing the law.

Kejagung is the face of thw government in law enforcement, human rights and corruption eradication. It should naturally involve an extra public scrutiny. When Kejagung does not perform, it would not be an exaggeration to call for replacement of the Attorney General.

Past mistakes in the selection process to appoint an Attorney General should be a good lesson learned for future appointments. In order to have a performing Attorney General, this process should involve the public, KPK, PPATK,Komnas HAM, the Attorney General Commission, as well as other concerned institutions.***

WEEKLY SUMMARY

• Gov must impose regulation about conflict of interest that continue to implicate parliamentarians - antikorupsi.org/ZSe

• Civil siciety coalition called on the President to replace Attorney General HM Prasetyo - antikorupsi.org/ZSn

• Public Service Coalition (MP3) gave poor assessment on 15 candidates for Ombudsman commissioners - antikorupsi.org/ZSh

• ICW asked the State Audit (BPK) to have a performance audit on treatment of corruption cases at the Police and Attorney General - www.antikorupsi.org/ZS7

• Special Report on Youth Pledge Day: Youth and Anti-Corruption Movement - antikorupsi.org/ZS8

• Youth obliged to 'Defend the State' by fighting against corruption - antikorupsi.org/ZSX

• BPK hesitated to answer ICW request about audit performance over the Police and Attorney General - antikorupsi.org/ZSE

• Empowering KPK is an important agenda for eradicating corruption in Indonesia - antikorupsi.org/ZSa

• Jokowi called to be more decisive against moves to weaken KPK and the anti-corruption mevement in Indonesia - antikorupsi.org/ZSR

• Jokowi must promptly call off plans to revise bill on rights of inmates - antikorupsi.org/ZSD

STATUS UPDATES

October 26

• Rio Capella detained by Corruption Eradication Commission (KPK)

• Pekanbaru Corruption Court in Riau tried an alleged bribery ratify the Local Budget Revision of 2014 with former Riau provincial councilmen, Ahmad Kirjuhari, as the defendant.

• Attorney General's office attended the pretrial hearing of plaintiff Dasep Ahmadi, a suspect of corruption in procurement of 16 electric cars at three State-Owned Companies (BUMN).

• Ni Made Sumertayanti, one of three convicts in corruption of fictitious aid of Balinese female cows in Pucung Sari Village, Bali, filed for appeal.

• KPK questioned Rinelda Bandaso, private staff of Dewie Yasin Limpo, as a suspect with an alleged role as a broker of bribery for Dewie.

October 27

• Attorney General's office arrested two new suspects after expanding investigation of a 2011 sports facilities procurement at the National Center of Education, Training and Academy of Sports in Hambalang, West Java.

• Bojonegoro State Attorney General returned dossiers of an Rp 5 million alleged corruption of Farming Layered Irrigation Network (Jitut) and Village Irigation Network (Jides) projects in 2012 to be completed by Bojonegoro Resort Police.

October 28

• KPK quizzed former Minister of Manpower and Transmigration Muhaimin Iskandar in an alleged corruption that at the Directorate of Transmigration Zone Development at the Ministry.

• Dasep Ahmadi, a suspect of alleged corruption in procurement of 16 electric cars retracted his pretrial appeal at South Jakarta District Court.

• Tangerang State Attorney General arrested an expert staff for Regent of Tangerang, Diding Iskandar, for an alleged corruption of fire trucks procurement while serving as Head of Fire Brigade in 2013.

October 29

• Preliminary hearing on the case of UPS procurement corruption took place at Jakarta Corruption Court with Alex Usman, former Head of Facilities and Infrastructures in West Jakarta Secondary School Office, as the defendant.

October 30

• South Jakarta State Court held pretrial hearing filed by former Secretary Geneal of National Democrat (NasDem) Party, Patrice Rio Capella against KPK