KPK: The Corruption Eradication Commission of Indonesia
Logo of KPK, Indonesia

Background

The Komisi Pemberantasan Korupsi (KPK) is the Indonesian Corruption Eradication Commission, which was formed after special consideration on the extraordinary nature of corruption in Indonesia, which has become systemic and widespread, and has violated the human rights of the Indonesian people. The KPK was formed under Law No. 30 of 2002 on the Corruption Eradication Commission. Before the KPK was formed, only Police and Prosecutors had the authority to conduct anti-corruption activities under Law No. 31 of 1999 on Eradicating Criminal Acts of Corruption as amended by Law No. 20 of 2001, and under Law No. 28 of 1999 on State Officials who are Clean and Free of Corruption, Collusion, and Nepotism.

KPK's officeThe KPK was formed with the express intent of bringing about positive change in a stagnant national anti-corruption effort; corruption eradication is by no means a new concept in Indonesia, as anti-corruption activities have actually existed since the 1950s. One of the main reasons why these previous efforts have not been successful is that they only focused on repressive actions : pre-investigating, investigating, and prosecuting corrupt acts. Although repressive operations are vital for the success of corruption eradication, these past efforts failed in the medium to long term due to the lack of significant preventive actions. The KPK is therefore a fresh start, a new way of looking at the corruption epidemic: the agency shall not monopolize the anti-corruption effort, but merely act as a trigger mechanism to empower authorized institutions to become more effective. Selected cases are handled by the KPK, in order to show the public that it is serious; prevention activities such as socialization, education, research into the potentials for corruption of each government institution, and so on, provide the basis for a long-term anti-corruption strategy. Of course, prevention activities will likewise fail if the KPK is unable to show corruptors and the public that it means business by actively bringing down corruptors.

Duties and Authority of the KPK:

  • Coordination with and supervision of other institutions authorized to eradicate corruption;
  • Conduct pre-investigations, investigations, and prosecutions against corrupt acts;
  • Conduct preventive actions against corruption; and
  • Monitor state governance.

The KPK coordinates its activities through the Prosecutor's Office, the Police, and various financial supervisory and regulatory bodies and also :-

  • Provides a reporting system to aid corruption eradication;
  • Requests information on corruption eradicating activities from relevant institutions;
  • Conducts consultation hearings or meetings with authorized institutions;
  • Requests corruption prevention reports from relevant institutions.

The KPK's supervisory role includes surveillance, research, or studies on authorized corruption eradication institutions and those that perform public services.

The KPK may also take over the investigations or prosecutions conducted by the Police or the Prosecutor's Office in the following circumstances :-

  • A public corruption report is not acted upon;
  • Incompetence or delays in corruption cases without sufficient reason;
  • Suspected bias in favor of perpetrator(s) or indications of corrupt elements in conduct of investigations;
  • Obstructions to the handling of a corruption case due to executive, judicial, or legislative intervention; or
  • Other circumstances which have hindered the capability of the Police or the Prosecutor's Office to conduct a proper investigation.

The KPK's purview in corruption investigation includes these circumstances:-

  • Involvement of law enforcers, state officials, and other connected individuals;
  • Significant public concern; and/or
  • At least one billion Rupiah in value (approx US$100,000).

The KPK's purview in preventive measures includes :-

  • Audits on the wealth of state officials;
  • Reviews of graft reports;
  • Anti-corruption education programmes at all levels of education;
  • Design and promotion of corruption eradication social programmes;
  • Anti-corruption campaigns for the public;
  • Studies on management systems of all state and governmental agencies, with a view to making improvements to reduce the potential for corruption.

 


Deputy of Prevention
Research & Development Team