Refleksi : Dirgahayu kaum manipulator!  Hidup SBY dan konco-konconya!  

http://thejakartaglobe.com/home/political-battle-brewing-over-bank-century-bailout-investigation/343914

November 26, 2009 
Febriamy Hutapea & Muninggar Sri Saraswati



Political Battle Brewing in Indonesia Over Bank Century Bailout Investigation

A battle is already brewing within the House of Representatives to lead a 
special committee that will investigate the central government's controversial 
Rp 6.7 trillion ($717 million) bailout of PT Bank Century beginning next month.

President Susilo Bambang Yudhoyono's ruling Democratic Party, which was 
initially against a House investigation, is trying to out-muscle the Indonesian 
Democratic Party of Struggle (PDI-P), the main opposition party, to choose who 
will chair the special committee.

The party holding the chair can influence the scope of the investigation, 
including which witnesses are summoned to testify, and ultimately its outcome 
and recommendations. The Democrats agreed to form the committee following the 
release of a damning report on the Century bailout by the Supreme Audit Agency 
this week. They made it clear on Wednesday that they, as the largest party in 
the House, should select the chairperson.

"We should follow the rules of the establishment of the special committee, that 
it should be proportional," said Marzuki Alie, the House speaker and Democratic 
Party secretary general. 

The composition of a House special committee is based on the number of seats 
each party holds, and the chairperson is selected by consensus among committee 
members. A special committee usually has 30 members.

Democratic Party lawmaker Ruhut Sitompul said he also believed his party should 
lead the special committee.

"We are greater in number, so the chairman is supposed to be from our [party]," 
he said. 

However, PDI-P secretary general Pramono Anung said his party should lead the 
committee because it initiated the petition among lawmakers requesting a House 
inquiry into the Century case. 

"We want the position given to the faction that initiated the move, including 
the PDI-P," he said.

The state audit report, released on Monday, concluded that part of the bailout 
disbursement was effectively illegal, and that senior central bank and Finance 
Ministry officials had used quick, subjective judgments to conclude that 
Century's collapse would be a systemic threat to the country's financial system.

There are rumors that the government ordered the bailout to protect deposits of 
high-profile bank customers, and that some of the bailout funds were diverted 
to Yudhoyono's re-election campaign. The government has emphatically denied the 
rumors.

Vice President Boediono, speaking before the Jakarta Foreign Correspondents 
Club on Wednesday, reiterated that he welcomed the inquiry. "The facts of the 
case will come out. Everything that we did was needed."

Boediono, Bank Indonesia governor at the time of the rescue, acknowledged there 
was suspicion, unrelated to the bailout, of criminal and political misuse of 
funds. "These are things that will be cleared up and should be cleared up," he 
said.

Prosperous Justice Party (PKS) lawmaker Mukhamad Misbakhun, among the first to 
sign the petition for a probe, said the special committee leader must be 
supported by all factions.

"It's not only about the quantity [of seats]. Otherwise, the spirit of the 
motion will fade away. The chairman must be someone from the faction that 
initiated it," he said.

Pramono said he was confident the committee could reveal the money trail of the 
bailout, despite speculation that the Democratic Party did an about-face on a 
House investigation so it could use its majority to lead the committee and thus 
influence its work. 

"I believe that this matter is under a strong public spotlight, and I hope that 
no one dares to use this motion [for an investigation] as political leverage," 
Pramono said.


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http://thejakartaglobe.com/home/indonesian-corruption-fighters-ready-to-climb-back-in-the-saddle/343901

November 26, 2009 
Camelia Pasandaran & Nivell Rayda

 
Indonesian Corruption Fighters Ready to Climb Back in the Saddle

The Constitutional Court on Wednesday ruled as unconstitutional an article in 
the 2002 Law on the Corruption Eradication Commission that required its 
chairpersons to be dismissed once they became defendants in court. 

"Article 32;1c of the 2002 law on the [commission] is conditionally 
unconstitutional," said Mahfud MD, the Constitutional Court's chief. "It should 
be interpreted that [commission] chairpersons should resign or be permanently 
dismissed only after they are convicted as guilty based on a final and legally 
binding court verdict." 

The demand for the judicial review on the law was filed by Bibit Samad Rianto 
and Chandra M Hamzah, two Corruption Eradication Commission (KPK) deputies who 
were suspended from their positions after being named as suspects in a case of 
extortion and power abuse. 

The two plaintiffs claimed that they had been unfairly targeted and that the 
case against them had been fabricated by the police. 

The Constitutional Court ruling said the article concerned was against the 
principle of presumption of innocence, and that the Universal Declaration of 
Human Rights guaranteed that people could only be declared guilty by a court 
ruling. 

Speaking to journalists outside the court, Mahfud said that one of the reasons 
for issuing the ruling was to keep the KPK strong and to prevent its leaders 
from becoming the victims of conspiracies. 

Commenting on the decision, Bibit and Chandra both told the press that they 
were ready to return to their duties at the KPK. 

"Yes, I'm ready," Bibit said. 

The two suspended deputies, however, said the court's ruling would not 
automatically mean their immediate return to the commission. 

"Our case has not been closed," Bibit said. "And there is no indication of how 
to solve it." 

Bibit said that Wednesday's court ruling would protect the KPK in the future. 

"The next KPK chairperson will be safe from easily being fired and 
criminalized," he said. "They won't experience what we have gone through." 

Topo Santoso, a legal analyst from the University of Indonesia, said the ruling 
would have a tremendous legal as well as psychological impact on the KPK 
members. 

"Based on the previous law, a KPK commissioner faced automatic dismissal once a 
case went to trial," he said. "This made commissioners very vulnerable to 
attempts at criminalization, as we have seen in Bibit and Chandra's case." 

"With the loophole closed, all of the members of the KPK, not just Bibit and 
Chandra, can now work at ease, knowing that they are protected." 

Wednesday's ruling, however, did not affect former KPK chief Antasari Azhar, 
who was permanently dismissed when he became a defendant in the murder of a 
state company director, Nasrudin Zulkarnaen. 

"The decision will have no implications for Antasari," Mahfud said. "When the 
ruling was issued at 3 p.m. on Wednesday, Antasari had already been officially 
fired. He cannot claim anything from this ruling." 

Antasari's lawyer, Muhammad Assegaf, said he had also filed a motion with the 
Constitution Court in an effort to save his client's position at the KPK . 

"We submitted the request two weeks ago," Assegaf said. "We are confident that 
the court will make the same decision because the court saw the article as 
unconstitutional." 

KPK spokesman Johan Budi said Mas Achmad Santosa and Waluyo, the temporary 
replacements for Bibit and Chandra, welcomed the court's decision and were 
ready to step down from their positions as interim deputy commissioners.




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