Politikana

Tanya Jawab Andi Mallarangeng (Part II: SBY/KPK/INDONESIA) 0

Penting +1 fello citizen

Jumat, 18 Sep '09 18:55

President Yudhoyono finally spoke up the other day – after relentless pressure from everyone in the country.

Mr. Andi Mallarangeng never got back to me – or any of us – but the President statements answered at least two of my original questions.

The question of whether (a). President being aware of the escalating hostility was obvious since that was the context of the press conference. On (c) the President was also obviously aware that significant changes to Indonesian constitutionally mandated anti corruption efforts is beyond the jurisdiction and authority of the Police Headquarter – since his public statement clearly demonstrate the need for the National leadership to participate and help resolve the issue.

To Question (d) the President appears to have issued specific details as to what exactly he has in mind for the future of anti corruption in Indonesia, following his public address and they give a better view of what it is. The President have indicated , that he will issue a “Perpu” – an executive order in lieu of Law - to appoint temporary nominees to the KPK board of commissioners.

Issuance of Perpu essentially circumvent the need of assembling and requiring DPR approval and generally only issued in narrow and specific circumstances.

The issuance of such executive orders were the precursor to the corrupt power structure in Indonesian government during the Soeharto era and it is generally understood and accepted as the commitment of Indonesian civil society to exercise utmost prudent before issuing any such Perpu.

Responding to a private query, I was told that the President consulted with the Chair of DPR (two weeks to expiration date, currently overseas). He also consulted with Chief Justice of the Supreme Court in the Palace as well as speaking on the phone with the Constitutional Justice in Jogja.

It was unclear of whether all the other Indonesian leaderships gave their consent to this idea but President SBY seems to push ahead with this scenario.

The media seems to have applauded this as a general step forward and the news was much misunderstood in some of the international report where it was characterized more as a public support from SBY to the KPK.

I wonder why nobody ever bothered to question the President in the most basic premise of his idea: WHY NOW?

Why do the President feel the need to so publicly demonstrate the urgency – not to resolve the escalation of hostility – but rather to pass a Perpu in place? The urgency clause does not really fly because the Executive Branch of the government have not yet exhausted other possible resolutions.

Surely, this must be obvious to someone since Polri is a Government agency and the Chief takes orders directly from the President? What authority and mandate do the Indonesian Police Department have so that they get to dictate policy where the President, The (Expiring) Chair of DPR, and the two Justices all must be subject to their wills and whims?

Obviously, in contemplating such scenario, the President must be aware that regardless of the outcome of these legal proceedings, the political implication of the hostility will drastically alter Indonesian judicial system and its commitments to eradicating corruption in post-reformasi Indonesia?

The issuance of Perpu will essentially turn KPK from an independent agency – where the commissioners were selected on merit and went through the most rigorous selection process of any other government body in the country – and make it into a superficial Presidential appointee with much watered down authority.

President SBY plans pose significant threats to the future of ever improving Indonesian justice system while at the same time practically undermine any sorts of progress that Indonesia have achieved in during the last 10 years.

I am very much puzzled by this development and am currently having a serious hard time trying to believing in what’s happening. I can’t help but insist on asking the previous questions to Mr. Mallarangeng,

Do you (and other members of the Presidents close advisers) think you have given the President the best advice you could?

Are the leadership of Partai Demokrat in full compliance with this opinions?

Are any of the Partai Demokrat voters sufficiently educated and informed in the process to which this decisions were taken?

Do you care to name other able persons advising the Presidents in this matter?

I am aware of everyone privately advising me that Mr. Mallarangeng probably have heard of the questions. I sincerely think, however, that this is a national matter – one that concerns all citizens of Indonesia – and I know many of other great citizens of the country wanting to know the answers.

 

Many thanks,

 

Fello Citizen

Tag: KPK, SBY, media, Cikeas, Perppu, cicak buaya
Sebarkan Facebook Twitter Digg Delicious MySpace