Court ruling makes KPK work harder

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The Constitutional Court ruled on Tuesday that the 1999 Law on Corruption should make it clear that graft suspects could only be taken to court for corruption if they were suspected of violating formal regulations such as presidential decrees or the Criminal Code.

Tumpak Hatorangan Panggabean, deputy chairman of the Corruption Eradication Commission (KPK), told reporters after a judicial review session that the war on corruption would go on, but added that the body was now forced to work harder to collect evidence before bringing charges.

The court, however, declined a request to review the 2002 law that established the KPK.

Both requests for judicial review were filed by the Indonesian Legal Society and a graft suspect, Dawud Djatmiko.

“The petitioners have failed to explain the violations of constitutional rights they suffered as individuals or a group as a consequence of the execution of the KPK law,” Constitutional Court chief Jimly Asshiddiqie said regarding the latter request, in a session of the court in Jakarta.

The Indonesian Legal Society argued in its petition that the KPK law contradicted the principles of people’s sovereignty and the balance of power as stated in the Constitution. It said this had disturbed “the administrative system of the government and in turn disrupted the life of its citizens due to a lack of legal certainty.”

KPK was also accused of being ineffective and discriminatory in investigating and charging people with corruption.

Jimly said the reasons for the request were obscure, and mixed the grounds for a judicial review with those for a legislative review.

“The reasons are merely criticism of the KPK’s existence and its performance…It would be more relevant if they filed the request with the House of Representatives as comments toward a legislative review,” he said.

Supporters of the KPK fear some parties are trying to hinder the anti-graft drive.


Ary Hermawan, The Jakarta Post, Jakarta

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