Please fix blunders, Mr President! Mohamad Mova Al’Afghani  ;  Director of the Center for Regulation, Policy and Governance in Jakarta

JAKARTA POST, 29 Januari 2015

                                                                                                                                     

                                                

The arrest of Bambang Widjojanto, a deputy of the Corruption Eradication Commission (KPK) on Friday, was not the first time the police have moved against the commission. In October 2009, under then president Susilo Bambang Yudhoyono, two KPK deputies were arrested in a saga known as the “gecko versus crocodile” dispute. This move sparked a public outcry that eventually led to the release of the KPK leaders. One difference stands out between these seemingly similar incidents — the reasons behind them. Back in 2009, the dispute was caused by rivalry between the two institutions, with Yudhoyono playing a mediating role. This time around, however, the hostilities were sparked when President Joko “Jokowi” Widodo nominated as a candidate for the position of police chief Comr. Gen. Budi Gunawan, who had been red-flagged by the KPK and the Financial Transaction Reports and Analysis Center (PPATK) when he was on the short list for Cabinet posts last year. Nevertheless, the President insisted on Budi’s nomination and this is presumably what led the KPK to declare the candidate a graft suspect. Within 10 days, KPK deputy Bambang was arrested on charges of instructing witnesses to provide false testimony at the Constitutional Court, in a case of a disputed result in a local election. Netizens speculated that President Jokowi might have deliberately nominated a sole, problematic candidate for the top police post in order that he be rejected by the legislature. This was thought to be a smart move by some, since the President would then not need to directly challenge the PDI-P politicians who supported the candidate’s nomination. Yet if this was the President’s intention, then it was not a smart move at all, as the House of Representatives was not certain to throw out Budi’s nomination — and, indeed, in the end all House factions did endorse the tainted candidate. If the President had not nominated a person who had been red-flagged by the KPK and PPATK, this whole debacle could have been avoided. That was President Jokowi’s gravest mistake. When the candidate was declared a suspect by the KPK, the President’s response was that he would postpone — but not cancel — his nomination. By doing so, he risked prolonging the rivalry between the institutions. What if the candidate was detained by the KPK after he was inaugurated? Would his status as police chief make it more difficult for the KPK to continue its investigation and collect evidence? It is beyond belief that the President chose to assume these risks. Had he cancelled Budi’s nomination, then we wouldn’t have had to go this far. That was the President’s second blunder. The President then decided to relieve National Police chief Gen. Sutarman of his duties and ordered his deputy, Comr. Gen. Badrodin Haiti, to carry out Sutarman’s duties. Technically, the National Police, at the moment, has no chief. The Presidential Decree that transfers the tasks and authorities to the deputy police chief may stipulate that the deputy has the same functions and authorities as the police chief, but the police law clearly limits such tasks and authorities to the chief, not his deputy. The only task of a deputy chief is to help the police chief to carry out his daily tasks. In effect, the deputy has little authority. Thus the legality of his actions is also subject to question. The KPK, then, is not the only one affected by the nomination scandal; the National Police are adversely affected too. What was the President thinking? Every breakthrough he accomplished during the early days of his presidency has been eclipsed by these scandals. Why would he risk the integrity of two law enforcement institutions – the KPK and the police– over a nomination to hastily replace Sutarman, whose retirement was due in October anyway? Why would he risk his own legitimacy and the trust of his voters and volunteers who helped his campaign over this? I voted for Jokowi and I am utterly dismayed by his blunders. When the KPK vs. National Police dispute occurred back in 2009, Yudhoyono’s response — after a public outcry — was the appointment of an independent team tasked with verifying facts and recommending a solution; they ended by recommending to the Attorney General’s Office that the case against the KPK deputies be closed. It is doubtful if President Jokowi will have the courage and will to take decisive action. Unlike Yudhoyono, Jokowi does not control the coalition that supports him, nor does he control the coalition’s representatives in the House — almost all of who insist that the problematic nomination of the police chief candidate must continue. Those parties are all under the control of an oligarchy outside the bureaucracy. This was reflected in the President’s response to Bambang’s arrest. The President remarked only that he had asked the police and the KPK not to let friction occur and to ensure the proceedings be objective and in line with regulations. This was a very disappointing remark in the wake of a blatant display of legal procedures themselves being used as a tool to impede corruption eradication efforts. The public trust in law enforcement is at its lowest ebb now. The President started this series of blunders and thus it is his responsibility to fix the situation. The longer he prolongs this problem, the more bitter the relationship between the KPK and the police will become, and the less legitimacy Jokowi will have. Demonstrations have already been organized in several regions in support of the antigraft body. There appears to be a glimpse of hope with Sunday’s announcement by Jokowi that he had consulted with independent public figures. However, even if they were officially installed as an “independent team”, they would be limited to providing recommendations to the President as to how this problem can be settled. At the end of the day, it is up to Jokowi to carry out the recommendations. When the time comes, the President will have to make a swift and brave decision. Until that time comes, the public needs to safeguard the process and ensure that the anticorruption and police reform agendas remain on track. ●