32. Free
June 10th, 2011
Corruption
One of the most effective justice sector institutions in Indonesia is the Corruption Eradication Commision (KPK), established in December 2002. The KPK demonstrates what can be achieved when the different functions of investigation and prosecution are coordinated. Moreover, it works with a specialized anti corruption court, with appeals to an anti-corruption chamber in the Supreme Court. Both the court and the chamber are dominated by a majority of ad hoc judges whose reputation for honesty is well known.
However, in December 2006, the constitutional court struck down the law creating the anticorruption court on the ground that it was not created as part of the law on the court. The Constitutional Court gave Parliament three years to amend the law and properly constitute the anticorruption court under the Law on the Court, but allowed the anticorruption court to continue to function in the meantime. The Parliament set itself a deadline of March 2009 to pass the new Law. This was then extended to September. Many legislators have been arrested by the KPK and convicted in the anticorruption court, leading some to question if the Parliament lacks motivation to pass this Law.
The KPK consistently gets convictions in corruption cases, showing what can be done with clean courts, professional investigation, and effective prosecutors. But this kind of successful cooperation is certainly and exception. Their consistent convictions raise the bar for the police, the attorney general’s office and the court. Indonesia needs coordinate, bold leader. Ship if it is to get out of the corruption.