criminal and criminal procedures code ( KUHP N KUHAP) Article

Govt, House ignore KUHP, KUHAP demands

 Ina Parlina, The Jakarta Post, Jakarta | National | Sat, February 22 2014, 9:53 AM


The government and the House of Representatives has ignored the Corruption Eradication Commission’s (KPK) demands to drop the plan to amend the Criminal Code (KUHP) and the Code of Criminal Procedures (KUHAP), which it deemed would weaken antigraft efforts. The Law and Human Rights Ministry and the House said it would go ahead with their amendment plan. The KPK officially sent on Wednesday letters to Law and Human Rights Minister Amir Syamsuddin, as well as the House and President Susilo Bambang Yudhoyono, calling for the withdrawal of the draft bills. “No, it is impossible [to withdraw the bills],” Amir said earlier this week. In the letter, the KPK also insisted that a different group of lawmakers should deliberate the bills so an unbiased decision can be reached. The KPK said that the House had under three months to complete the job. The KPK also said that deliberation of the bills should also involve all law enforcement agencies, academics and the public. The antigraft body demanded the government scrap all articles concerning prosecution of graft cases from the draft bills, arguing that they were already covered by the anti-corruption law. Amir accused the KPK of playing a political game. “Why raise the issue now?” Amir said. “If the issue was raised when the government was about to submit the draft bills to the House in March last year, the KPK should have raised the issue then. We did not secretly submit the draft bills.” Democratic Party lawmaker Ruhut Sitompul said that the House would continue deliberating the draft bills. “Our tenures will not expire in April, we will still be working until early October,” Ruhut said. Ruhut said that the KPK should not see itself as a privileged institution. “It’s not all about the KPK, we also need to strengthen the police and the Attorney General’s Office to support the fight against corruption,” Ruhut said. Some lawmakers have said that they will continue deliberating the draft bills, unless the government decides to cancel the deliberations. Antigraft watchdogs have rejected the planned amendments due to concerns that it will weaken the antigraft body since the bill on the KUHAP in particular, has a number of “contentious” articles. In the KUHAP bill being deliberated at the House, the right of law enforcement agencies to perform preliminary investigations has been removed. It also aims to create a new post called the commissioner judge, to independently determine whether a law enforcement agency can investigate, search and detain suspects, seize evidence or conduct surveillance. Separately, presidential advisor on law and human rights Albert Hasibuan said that he supported the KPK’s move to reject the planned amendment. “I believe the government truly wants to eradicate corruption,” he said. “Therefore the KPK’s concerns should be taken seriously and firmly by eliminating articles [that undermine its role] by making amendments to the draft. Withdrawing the draft could also be another way.”

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