The Indonesian
president looks impotent as the anti-corruption agency is crippled.
After just six months as
President of Indonesia, Joko "Jokowi" Widodo faces a crisis. Hampered
by a lacklustre cabinet and an obstructionist legislature, his administration
seems unable to stop a corrupt police conspiracy to destroy the country's
anti-corruption agency.
Jokowi was elected on promises to
continue Indonesia's hard-won post-Suharto reforms - especially the fight
against Indonesia's notorious endemic corruption. His victory was seen as a
triumph over forces led by his opponent, Prabowo Subianto, who threatened to
drag Indonesia back to the bad old days of crony authoritarianism.
Civil society and social media networks have
supported Jokowi so far because he is 'their' president – an outsider elected
on promises of change and anti-corruption reform.
Jokowi has not lived up to these
high expectations. In particular, he has failed to defend Indonesia's
Anti-Corruption Commission (KPK), which is now under concerted attack from
powerful figures it has investigated.
Rough justice: Indonesia's police
force has hampered investigations into its top brass by arresting
anti-corruption investigators.
Though only a little over a
decade old, the KPK has emerged as Indonesia's most trusted institution, with
popular standing way beyond its actual achievements. Led by dedicated
commissioners, it cut a swath through the political elite at all levels. In recent
years it has successfully pursued dozens of serving and retired legislators and
ministers - from all major parties.
The KPK has also targeted senior
law enforcement officials, including police, although this has put it in great
peril.
In 2009, the KPK tapped the phone
of the head of police criminal investigations as part of a corruption
investigation. The police retaliated by arresting two KPK commissioners on
fraud charges, leading to their suspension. They were eventually reinstated
after evidence emerged that the charges were fabricated. The chairman of the
KPK was not so lucky. After a trial where no convincing evidence of his guilt
was adduced, he was jailed for murder.
In 2012, the police obstructed a
KPK investigation into the former chief of traffic police, Djoko Susilo. When
KPK investigators searched police headquarters for evidence, they were held
captive. The stalemate was broken only after then president Susilo Bambang
Yudhoyono intervened. The KPK immediately pushed on with its prosecution of
Susilo, and he was jailed for 18 years, leaving police bent on revenge.
The KPK is now facing its
toughest challenge yet - again after investigating a senior policeman. Soon
after Jokowi announced in late 2014 that he would appoint Comannder General
Budi Gunawan as police chief, the KPK revealed that it had been investigating
Gunawan for corruption, and urged Jokowi to drop him. Instead, Jokowi appointed
another senior officer as acting chief on an indefinite basis, and the
controversy remains unresolved.
In retaliation, the police
charged three of the KPK's commissioners with offences that seem based on bogus
evidence. In a move that is widely seen as condoning the police attack on the
KPK, Jokowi suspended these commissioners. The police have now announced
investigations into the KPK's remaining two commissioners.
KPK investigators pressed on,
however, charging Gunawan with corruption. In a bizarre twist, Gunawan
successfully challenged this in a district court, which decided, contrary to
clear law, that the KPK lacked jurisdiction to investigate him. Temporary KPK
commissioners installed by Jokowi to replace those he suspended have now
decided to drop the Gunawan case. To our knowledge, this is the first time the
KPK has ever dropped an investigation after charging a suspect.
The attack on the KPK and its
supporters only got so far because Jokowi is a weak and isolated president. He
is the first Indonesian president not to head his own party. Instead, PDI-P is
is led by a former president, the ruthless Megawati Sukarnoputri.
To Jokowi's great embarrassment,
PDI-P is heavily implicated in the attack on the KPK, as payback for the
jailing of many of its members. He can do very little about this, because he
needs PDI-P to get laws passed. Worse still, Megawati is reportedly very close
to Gunawan and responsible for Jokowi endorsing him in the first place - and
her party is still pushing for Gunawan's appointment.
The result is that the KPK is now
crippled,and Jokowi looks embarrassed and impotent. If he fails to subdue the
police and his own party he could face a major political problem.
Civil society and social media
networks have supported Jokowi so far because he is "their" president
– an outsider elected on promises of change and anti-corruption reform. It was
their concerted efforts that got him across the line in the dying weeks of the
presidential election. But they are starting to panic. Despite Jokowi's
failures to date, civil society leaders remain reluctant to withdraw support
for him, but the fear many now share that they might be the next target is
palpable.
Having brought the KPK to its
knees, the police seem to be trying to silence the commissioners' strongest
supporters in civil society, academia and elsewhere - again, by charging them
on fabricated grounds. One example is Professor Denny Indrayana, former deputy
minister for law and human rights under Yudhoyono and a prominent and
courageous anti-corruption campaigner (and a visiting professor at the
University of Melbourne). He was charged only a few days
ago with corruption, despite police being unable to provide any real evidence
of a crime.
The result is that many nervous
civil society leaders are choosing to be silent where they spoke out loudly in
2009. Where are the pro-KPK demonstrations and public statements that
galvanised opposition to the police back then? Even the media (with just
a few exceptions) seems intimidated.
All this suggests civil society
might abandon Jokowi if things continue to deteriorate. That could be
catastrophic for him. Civil society gives Jokowi access to the masses on whom
he relies, as he has such limited elite backing. If he loses popular support,
the elite clique around Megawati could finish the process of turning him into
their puppet. Worse still, he might even be impeached and removed entirely.
Jokowi's government is facing a
crucial test, and so is Indonesia's anti-corruption reform process. Both are in
deep trouble.
Associate Professor Simon Butt teaches Indonesian
law at Sydney law school. Professor Tim Lindsey is director of the Centre
for Indonesian Law, Islam and Society at the University of Melbourne.
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