There are two key areas in the public sector in which corruption in Indonesia can be found. These are the justice and civil service sectors. While hard data on corruption is difficult to collect, corruption in Indonesia is clearly seen through public opinion, collated through surveys as well as observation of how each system runs. Corruption within the justice sector is seen by its ineffectiveness to enforce laws, failure to uphold justice, hence undermining the rule of law. The areas of corruption within this sector include the police and the courts. In the 2008 Public Sector Integrity Survey, the Supreme Court ranked the lowest in integrity in comparison to the other public services in Indonesia.The courts were viewed to make decisions unfairly and have high unofficial costs.
Evidence of corruption within the civil service comes from surveys conducted within the sector. Some surveys found out that almost half were found to have received bribes. Civil servants themselves admit to corruption.
In January 2012, it was reported that Indonesia has lost as much as Rp 2.13 trillion (US$238.6 million) to corruption in 2011. A study conducted by Indonesia Corruption Watch, a non-profit organization co-ordinated by Danang Widoyoko, said that embezzlement accounted for most of the money lost and that “government investment was the sector most prone to graft.”
Economic and social costs
Corruption is an important development challenge that poses economic and social costs in Indonesia. Interference in public laws and policies for the sake of personal or private gain has weakened the competitiveness of Indonesia.
About one-quarter of ministries suffer from budgetary diversions in Indonesia. Households spent approximately 1% while enterprises spent at least 5% of monthly company revenue on unofficial payments. Social costs due to corruption in Indonesia include the weakening of government institutions and the rule of law. Increases in crime due to smuggling and extortion involve the institutions that are supposed to be protecting citizens. The people who suffer most are the poor as they are pressured to finance payments through their already tight budgets and the effectiveness of social services are less accessible indirectly. These concerns were voiced by the poor urban communities of Indonesia themselves in a joint World Bank-Partnership for Governance Reform research project, entitled “Corruption and the Poor”.
Efforts to curb corruption
There have been some efforts to battle corruption with the creation of the ombudsman and the Assets Auditing Commission (KPKPN).It has been an important agenda and part of Indonesia's official reform program since May 1998. However, the efforts made are questionable as there has been limited success to reduce corruption. Some obstacles that impeded the improvement of corruption included political and economic constraints, and the complex nature of the corruption itself.
Most recently, these efforts have taken the shape of ordering corruption convicts to pay back all the money they have stolen. On 06 March 2012, the Jakarta Corruption Court sentenced Ridwan Sanjaya, an official from the Energy and Mineral Resources Ministry, to six years in prison for rigging a tender bid for a home solar energy system project in 2009 worth IDR526 billion (US$57.86 million).
Ridwan was found guilty of accepting IDR14.6 billion in kickbacks, resulting in IDR131 billion in state losses. The Corruption Eradication Commission (KPK) stated that it will use Ridwan’s verdict as material to develop the investigation on the graft scandal involving the Solar Home System project.
B. Corruption Eradication Commission (KPK)
"KPK" redirects here. For the Pakistani province, see Khyber Pakhtunkhwa. For the Slovenian government commission, seeCommission for the Prevention of Corruption of the Republic of Slovenia.
Indonesia's Corruption Eradication Commission (Indonesian: Komisi Pemberantasan Korupsi) (abbreviated KPK) is a government agency established to fight corruption. As of 2012, its chairman is Abraham Samad, and its deputy chairman is Bambang Widjojanto.
Background
Anti-corruption efforts began in Indonesia in the 1950s. Following strong criticism of corruption at the beginning of the New Order regime in the late 1960s a Commission of Four was appointed by president Suharto in 1970. The report of the commission noted that corruption was "rampant" but none of the cases it said were in need of urgent action were followed up. Laws were passed in 1999 giving the Police and prosecution service the authority to investigate corruption cases.
Law No.30/2002 on the Corruption Eradication Commission was passed in 2002 providing a legal basis for the establishment of the KPK.
Duties
The KPK vision is to free Indonesian from corruption. Its duties include investigating and prosecuting corruption cases and monitoring the governance of the state. It has the authority to request meetings and reports in the course of its investigations. It can also authorize wiretaps, impose travel bans, request financial information about suspects, freeze financial transactions and request the assistance of other law enforcement agencies. It also has the authority to detain suspects, including well-known figures, and frequently does so.
Achievements
The work of the KPK is a source of continuing controversy in Indonesia. The commission is careful, but sometimes quite aggressive, in pursuing high profile cases. For example, in reporting on the activities of the KPK, one foreign observer noted that the commission has "confronted head-on the endemic corruption that remains as a legacy of President Suharto’s 32-year-long kleptocracy. Since it started operating in late 2003, the commission has investigated, prosecuted and achieved a 100-percent conviction rate in 86 cases of bribery and graft related to government procurements and budgets. To display once more its resolve to crack down on graft suspects, the KPK named on December 7, 2012, both brothers of Indonesian socialite Rizal Mallarangeng, Indonesia's Sports Minister Andi Mallarangeng and Fox News consultant Choel Mallarangeng suspects in a multi-million-dollar corruption case, in the latest scandal to hit the President Susilo Bambang Yudhoyono's ruling party ahead of Indonesia's 2014 Presidential election. Mallarangeng is the first minister to resign on graft allegations since the KPK began operating in 2003.
KPK public education division official Budiono Prakoso said in December 2008 that because of its limited manpower and resources, of some 16,200 cases reported to the Corruption Eradication Commission (KPK), only a small number had been dealt with. A large number of the solid reports informed the KPK of alleged cases of corruption and misuse of budget funds by government agencies at national and regional levels. "The main problem is the political will of the government at regional and national levels. Political will remains low. Everything is still at a lip-service level," he said.
NGO activitists often urge the KPK to be more aggressive in its work. For example, Bali Corruption Watch (BCW) head Putu Wirata Dwikora asked the KPK to investigate corruption cases in Bali. He lamented the commission's practice of handing over corruption cases in Bali to the local prosecutors office for further investigation. "The KPK should be directly involved in investigations to create a deterrent effect," Putu said.
On the other hand, the success of the KPK in using controversial tools like warrantless wiretaps, and its focus on high-level targets like "businessmen, bureaucrats, bankers, governors, diplomats, lawmakers, prosecutors, police officials and other previously untouchable members of Indonesian society," has led to something of a backlash. There have been reported attempts to undermine the Commission in Parliament.
The "gecko vs crocodile" dispute
In April 2009, angry that the KPK had tapped his phone while investigating a corruption case, Indonesian Police chief detective Susno Duadji compared the KPK to a gecko (Indonesian: cicak) fighting a crocodile (Indonesian: buaya) meaning the police. Susno's comment, as it turned out, quickly backfired because the image of a cicak standing up to abuaya (similar to David and Goliath imagery) immediately had wide appeal in Indonesia. A noisy popular movement in support of the cicak quickly emerged. Students staged pro-cicakdemonstrations, many newspapers ran cartoons with cicaks lining up against an uglybuaya, and numerous TV talk shows took up the cicak versus buaya topic with enthusiasm. As a result, references to cicaks fighting a buaya have become a well-known part of the political imagery of Indonesia.
In September two KPK deputy chairmen Chandra Hamzah and Bibit Samad Rianto, who had been suspended in July, were arrested on charges of extortion and bribery. The two men denied the charges, saying they were being framed to weaken the KPK. There were demonstrations in several cities in support of the men and a support campaign on the Facebook social networking site gathered one million members. On 2 November 2009 presidentSusilo Bambang Yudhoyono established a team to look into the allegations. The following day, during a hearing at the Indonesian Constitutional Court, dramatic tapes were played of bugged phone conversations apparently revealing a conspiracy to undermine the KPK. The names of businessman Susno Duadji as well as Deputy Attorney General Abdul Hakim Ritonga and a businessman, Anggodo Widjojo, were mentioned in the tapes. Bibit and Chandra were released later the same day.
On 10 November, at the trial of KPK chairman Antasari Azhar, who had been arrested in May for allegedly organizing the murder of a businessman, former South Jakarta police chief Williardi Wizard testified that senior police officers had asked him to help them frame Azhari.
The team established by the president, the "Team of Eight", presented its recommendations on 17 November 2009. These included a halt to the prosecution of Bibit and Chandra, punishment for officials guilty of wrongdoing and the establishment of a state commission to implement institutional reforms of law enforcement agencies. The president said he would respond in a week.
On 23 November 2009 the president made a speech responding to the Team of Eight's findings. He said that it would be better if the Bibit-Chandra case were settled out of court but did not call for the case to be dropped. He also said there was a need for reforms within the Indonesian National Police, the Attorney General's office and the KPK. His speech caused confusion among Team of Eight members and provoked a protest from activists who symbolically threw in their towels as a way of criticizing what they judged to be the president's unconvincing response. On 3 December 2009, the president was officially informed that charges against Bibit and Chandra had been dropped.
KPK and Police
In the view of many Indonesian observers, the "gecko vs crocodile" dispute illustrated the tensions said to exist between the KPK and the National Police Force. Some high-profile investigations carried out by the KPK have focused on allegations of corruption at senior levels of the police force. This approach is reported to have led to widespread resentment within the police force towards the work of the KPK. Sharp tensions surfaced in early December 2012 when the KPK took the highly unusual step of detaining Inspector General Djoko Susilo, a senior and active police general, on charges of corruption. A few days later, president Susilo Bambang Yudhoyono expressed public concern about the tensions between the KPK and the national police.
Resources
Resources provided to the KPK have expanded in recent years. However, the work of the commission is still restricted by limited budgets and a small number of total staff.
Commission chairmen
· 2003 to 2007 Taufiequrachman Ruki
· 2007 to 2009 Antasari Azhar
· 2009 to 2010 Tumpak Hatorangan Panggabean
· 2010 to 2011 Busyro Muqoddas
· 2011 to present Abraham Samad
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