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Monday, January 2, 2012

A Commission Without Courage

A critical review of the election of the new head of the Corruption Eradication Commission.
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A Commission Without Courage
Yohanes Sulaiman & Phillip Turnbull | December 08, 2011


Last week, the justice commission at the House of Representative confirmed Abraham Samad as the new head of the Corruption Eradication Commission. His appointment was unexpected, considering that the front-runner was Bambang Widjojanto, who was believed to have the blessing of President Susilo Bambang Yudhoyono’s administration. Instead, Abraham won in a landslide.

While many in the media have expressed their support for Abraham’s appointment, others are suspicious. In an interview with Inilah.com, Great Indonesia Movement Party (Gerindra) politician Martin Hutabarat expressed his puzzlement about the mechanisms of the vote.

The public has a right to be skeptical of Abraham’s promise that he would resign in a year should the Corruption Eradication Commission (KPK) fail to do its job. They need point only to a history of unfulfilled promises by Yudhoyono’s administration to eradicate corruption.

Public trust in the KPK has steadily declined after a string of failures to convict corrupt officials and to bring high-profile fugitives to justice. In August, the Indonesian Survey Circle (LSI) said that the public’s trust of the KPK had declined from 58.3 percent in October 2005 to 41.6 percent in June 2011.

While the drop was not as drastic as the one for the legislature, political parties and other law enforcement agencies, it is imperative for the KPK, as the agency tasked with fighting corruption, to halt and reverse its falling numbers. This will give it the political capital necessary for the antigraft commissioners to maintain their integrity and do their job. Without public support, it would be easy for corrupt politicians to dismantle the commission once and for all.

The question, then, is how to reverse the popularity decline. Perhaps we need to go back to Abraham’s vow, as it poses an interesting question: By what standard will his leadership of the KPK be judged?

Perhaps the first thing that the KPK should do is to become more systematic about tackling corruption. In the past, it seems that instead of attempting to build strong cases against corrupt officials, the agency has just followed the whims of the public and politicians, prosecuting cases because they are getting lots of media attention or because of political pressure.

With the growing demand for quick results and media sound bites, the KPK has lurched from one public relations disaster to another.

While the KPK has had notable successes, it is the cases that are not prosecuted that raise questions about who is minding the store. As a result, the KPK is in danger of appearing unfocused and susceptible to influence. Rather than a commission to eradicate corruption, the KPK could well become an institution to empower it.

The KPK, regardless of who leads it, must be independent and act according to the law, difficult as that may be. It must regain momentum and be resolute in its work, even if the government isn’t. The astonishing spectacle of a corrupt institution choosing who will investigate it laughably points to this.

Unlike the government, which clearly does not have the will or the know-how to build community support that is authentic and in touch with the aspirations of the majority, the KPK needs to stand up and ride out the storm. It needs to create its own network of broad-based community support, not one manipulated by the government.

To what degree will Abraham represent the aspirations of the people to see justice done in real corruption cases that strike at the heart of the nation’s justice and democracy? Asked about his political and religious convictions, Abraham gave a far from satisfactory response: “I’m just average.”

The answer lacks courage. If it is any indication of his leadership, it does not bode well for the future of the KPK.

What is required is someone who is prepared to prosecute hard and politically fraught cases with a determination and ruthlessness that puts the government and lawmakers on notice. It must be willing to take on the cases that involve those who are doing the most damage to the country and the livelihood of ordinary people, especially those most in need and vulnerable.

Abraham must be prepared to bite the hand that feeds him. If he doesn’t, the commission’s powers will be inexorably eroded and democracy and civil rights will be at risk as the country becomes even more the plaything of robber barons and their clans posing as a legitimate representative government.

The media, lawmakers and the administration can easily make this happen by continuing to distract both the KPK and the public with demands for more superficial investigations that are really just sideshows to the main event. The government and lawmakers have already demonstrated that they are unwilling to commit to corruption eradication because it is clearly not in their interest to do so. Their power and livelihoods are at stake.

So too, at this moment in time, is the effectiveness of the KPK. The ball is in Abraham’s court. And the people will remind him of his promise.


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trueblue
9:44am Dec 9, 2011
Yohannes/Turnbull. Gents, once again a scholarly and balanced piece. I was surprised that you considered Abraham's personal summary of his political and religious convictions, i.e., " I'm just average" as a far from satisfactory response. Given the false pious posturing that is culturally endemic, I view Abraham's response as refreshingly honest. You have correctly highlighted that his role can be frustrated by distractive media and others, Abraham needs to immediately form a vibrant media unit. Professional communicators who are able to continually feed the gamut of media the positive work the KPK is doing, will again see the organisation's trust rise in the LSI. A good operator knows the importance of "feeding the chooks". A year is a long time in politics and Abraham is complimented for setting a time line to measure his success.

DrDez
11:50am Dec 9, 2011
Y&T
I actually hope with my heart that the KPK can continue its fight and overcome the difficulties and in deals that are so damaging to the nation and at least start to bring some order and respectability to our politics.
My head on the other hand says that his appointment - especially with such a large and quite frankly unjustified majority - smells rank.
I suspect two things are at play. Firstly he may well as you suggested be too weak to withstand political pressure and in essence the KPK will then become a political tool - used by those who influence him for their gain. On the other hand his failure and possible fall will drag the KPK further into the mire and as indicated make it easier to close... As Mafud said.. I really have no idea how to stop this spiralling issue either.
Good luck to him - I suspect he will start making unfathomable statements shortly..
Only Indonesia?? probably in a very select club at least

Yohanes-Sulaiman
11:56am Dec 9, 2011
@Trueblue:

Thank you for your comment. There are several things that you should realize though:
(1) This guy is close to fundamentalist group Laskar Jundullah, which were involved in the ethnic conflict in Molucca back in late 1990s/early 2000s and defending them. He also close to the the Committee to Uphold the Shariah in Indonesia (KPSI) and Abu Bakar Bashir of Majelis Mujahiddin Indonesia fame. Put that in the context, and... make your own conclusion.
(2) Ok, I'll bite that maybe being humble religiously would be a plus. But, politically, it should be a great time for posturing -- and that brings to my point (3) what would be your criteria for being a successful leader? Cleaning up Century in a year? What this guy aims to accomplish in a year, that we can go back to the point of reference and say "oh yeah, he said a, b, c and managed to deal with them successfully."

That's why we are very worried.

DrDez
2:11pm Dec 9, 2011
Yohanes
His links with extremists may well be a plus since only recently another associate Rizaq proposed capital punishment for those found guilty of corruption...
However in the real world his relationship with such groups points to selective corruption fighting - ie with the transgressions of those affiliated with political Islam being ignored and other groups/individuals being harangued
I share you concerns and wonder how the administration is seemingly allowing Islamic law and those influenced by it to creep in - unless they are complicit and have 'assurances'
But what concerns me most specifically is how a man of such little standing and experience can get such a landslide victory - Perhaps his first job should be to investigate the voting process - I suspect its another dark day for the nation

Yohanes-Sulaiman
2:23pm Dec 9, 2011
@DrDez: Thanks for your excellent comment as usual. Right after he was elected, I actually heard from some well connected sources, that his unexpected victory was thanks to him being wished to win by a certain government organization wishing to control whoever get investigated -- so they could quash it right from the beginning of the investigation.

I do hope that my sources were wrong...

DrDez
7:49pm Dec 9, 2011
Yohanes
The conspiracy theories are abound and any of them could be true.
Again though it breaks my heart to see so little pribumi interest - the mass simply care not one jot, oh they moan every now and then and talk about the good old days but that is the end of the road.. How long can these people shun their responsibility? The mass and the elite...???

Yohanes-Sulaiman
9:01pm Dec 9, 2011
The problem here is that people cannot demand responsibility from the elites, because there's no mechanism for direct removal for "bad elites." There are three things to do: (1) Create a strong civil society, not just fly-by-night NGOs that live to extort, and thus ruining the credibility of the civil society itself, (2) creating a strong mass organization that possibly will end up as professional political party, that will provide alternative to our current broken political system, and finally (3) Create mechanism to punish the elites, such as through direct district election, where instead of parties, you pit one politician against the others. It would, however, require people to be fed enough that they would forgo the free "nasi bungkus" and a hundred thousand voter incentive fee and to just throw the bums out.

DrDez
6:52am Dec 10, 2011
Yohanes
I have said much the same - online, speaking at events, dinners etc re point 3 specifically** - however having a mechanism relies heavily on its non corrupt application and that is just unattainable because you are asking the criminals to police the criminals - PS Afrindo is still drawing pay I understand
The true power is with the man on the street - the voter - but as you say while they will vote for $9 and a rice box or riot and even kill for less - then what hope is there that they will accept their part in the self destruction - because it is without doubt getting worse
I am in fact running out of respect for the humanity of most Indonesians
(padt made a similar comment re ethics, behaviour and morals recently) - After 43 years my dear friend that is a sad day. Now retired we are seriously considering a full retreat back to Paris
** but ask what they will do to change it & its a silent wall of embarrassment - why? because they are probably corrupt too

trueblue
7:15am Dec 10, 2011
yohannes, it would therfore follow that if I offered a free feed of nasi bungkus, martabak in a box with my face printed on it, plus T shirt with slogan, a small Aqua and 200,000, would I romp it next time?

padt
10:29am Dec 10, 2011
Dr Dez,
"(padt made a similar comment re ethics, behaviour and morals recently)"
Indeed I did. And what a blast I got.
Touchy, aren't they!
Last year I was working volunarily with a government institution where I was taken for a ride, my generosity abused and I had to endure all kinds of unacceptable conditions. In the end I withdrew my services having done quite an amount of work (free) for them and improved their conditions considerably. But I got fed up with being the only one doing any work while the rest of them sat on their bums. I left.
A delegation was sent to me, asking me to reconsider and return and do a lot more work for this agency for free and fix up all their other problems but first (wait for it!) I had to go to the boss and apologise to him and ask his permission to return.
I told them to shove it up their arse!
Thats part of the problem. These people are living in cloud cookoo land and they call it 'face' and 'respect'.
I call it blatant arrogance and studidity.

DrDez
11:49am Dec 10, 2011
Trueblue
Sadly with the new laws governing who can run for election and the formation of political parties unless you are already deep in the fold you have zero chance even if you offered 10x
Political protectionism, military protectionism, trade protectionism, religious protectionism, environmental protectionism...To benefit the few and screw the rest

DrDez
12:27pm Dec 10, 2011
Padt
Years ago I was asked by the governor to advise on spatial planning. I agreed & the planers & I drew up a list of rules that would govern building in the city. They were submitted to the governor Weeks later we were summoned to the palace. When there we were bullied by the commission 1 by 1 the team apologised in open court, I refused; threats where made (deportation,KPK, even the threat of legal action to recover my fee) I then told them that I had worked 6 months FOC NO FEE. The guy nearly choked. It transpired that I had been paid $50K for my services, I had not.
I asked to see the rules so we could explain them. I was given the sheet & as I suspected many had been replaced. I had the original and passed it to the president - Meeting over
Any free work now is for the wife's foundation - the Biz will not deal with any govt institution, they are lazy, selfish & greedy & that has leached into society; which is the point you made. Morally superior? what planet are Indo's on...

Valkyrie
5:37pm Dec 10, 2011
DrDez:

Impressive indeed! Sorry about the 50K...and obviously the president did not do anything about it.

Yohanes-Sulaiman
10:40pm Dec 10, 2011
@DrDrz&Padt: thank you so much for your great comments. I also have several horror stories, but I doubt that they reached the epic proportion of DrDez's. Needless to say, there are just several combinations here going on: laziness, opportunists, backstabbing, etc -- basically all the seven deadly sins and their derivatives are pervasive in Indonesian bureaucracy -- thus the biggest question is that how on earth a country as dysfunctional as Indonesia managed to achieve a relatively high economic growth. But we'll digress.

Of course we all know: just wrap yourself under religious and nationalism and take a religious pilgrimage for a safe measure, and suddenly your sins are forgiven and you are as clean as a new baby.

On another note, though, it seems to me that people are getting wiser and very skeptical nowadays to both religion and nationalism (as I discussed in my other pieces). Still, the challenge now is to make sure that people know how to fix the system -- not making it worse.

DrDez
7:06am Dec 11, 2011
Yohanes
I am unsure that people are wiser - a great many are still easily tamed or bought
Re Nationalism - It only ever ends up one way - violence - be it civil or international - Nationalism is an evil weapon in the toolbox of people who wish to cover their own failing or capture / maintain power over another group
We should not confuse or mistake pride in the nation with nationalism

DrDez
9:29am Dec 11, 2011
Val
Not that I am aware - someone clearly stole $50K - someone clearly modified our proposals for some benefit or other - and as usual when it was exposed the ranks closed - Something we see in all walks of life here -
I never had an apology, recognition of the work etc in fact it was stony silence until 2009 when I was asked again (by the same person) to provide a critique of the 2010 proposals - I am sure you can guess my response - Bu Dez suggested I learn more Javanese insults just to ensure they fully understood :)

trueblue
11:26am Dec 11, 2011
@DrDez.My wife is forever haggling me over my mangling of the local lingo . . . and the six dialects she can play with as well! Of course in English one can normally get away with the with words of only four letters. Sometimes out of sheer frustration you can choose the wrong four letter word. Take padt for example. In his contribution yesterday he elected to use the word arse instead of anus, an example of the nuances of English. This example is extremely useful for those struggling to switch from English to Bahasa. Here's the the trick. When in doubt and stuck with your Bahasa vocab., simply remember padt, and phonetically say the English word and add . . .arsi.


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