SBY -- His Legacy?

The president, Susilo Bambang Yudhoyono, came to power on a platform that saw him proclaiming himself as 'clean' and a dedicated and proven corruption fighter who had the ability to change the status quo from one of accepting corruption as part of the deal to one where corruption was actively and vigorously pursued where perpetrators were prosecuted and jailed. After a full term in the big chair and already into his second stint in the big chair it is hardly any wonder that people, Indonesians and those interested in all things Indonesian, are beginning to question SBY's anti-corruption credentials in light of his perceived failures to make any serious headway into combating and eradicating corruption from the Indonesian way of life.

On the bolting the gate after the horse has bolted front, the president has suggested that the recent revelation that there are some 21 high-ranking police officers with outrageously large sums of money deposited in their personal bank accounts that clearly far-exceed their income potential based on their current salaries as serving police officers.

The news, as it started to spread and gain a public foothold, saw one of the owners of one of the alleged accounts coming forward to state that the IDR 95 billion in his account was all sourced from legitimate sources. To this end, evidence has been produced as to who made the deposits what is not so clear is why these deposits were made or the links to his role a a police officer. Yet, in any event, the allegation, and the subsequent investigation, would be best led by an independent observer. In this case, perhaps the best qualified for the job would be the Corruption Eradication Commission (KPK) sans any police involvement. At least there would then be an expectation that the investigation would be transparent.

However, in his infinite wisdom, the president has decided that this is an internal police matter and that it would be best investigated internally utilising already existing police investigative abilities. What is truly bizarre about this is that the president reckons he is a corruption fighter, but he cannot see that the public would perceive the police investigating themselves as nothing more than a whitewash waiting to happen. The police are, on most perception indexes, one of the most corrupt of Indonesia's institutions. Therefore, the idea that the police are capable of investigating themselves is sure to leave a bitter taste in the mouths of many many many Indonesians.

The president clearly has no idea and is getting very poor advice. Maybe it is time to call in some professional PR people to manage the message to ensure that he and his people stay on message. In the meantime, it is time that the president developed some testicular fortitude and became the corruption fighter he has so often proclaimed to be.

With respect to your legacy Mr. President, it is now or never. And, never seems to be rapidly approaching!

The Case Against Chandra and Bibit -- Dropped!

It was time that these shenanigans came to an end. The fact that this 'case' ran as long as it did is an embarrassment to the Indonesian Police, the Office of the Attorney General, and the Office of the President of the Republic of Indonesia. When leadership was called form it was severely lacking from those elected and appointed to leadership positions. Instead it was people power and the power of those people voicing their concerns about the need for justice through the media that spurred the courts into action and the ultimate resolution of this issue.

However, whether the issue is finished is really a moot point considering that the underlying issues remain unresolved. The dedication of the police and the AGO in wanting to see this case go to trial raises myriad of questions, and the fact that there seems to be some intent of seeing the instigator, Anggodo, pursued through the courts, then the simple reality is that Chandra and Bibit, and the mistrust between the various law enforcement agencies of Indonesia seems set to linger for some time yet.

The AGO has decided that it is not going to pursue the charges in the public interest. And, it would seem that the President's office is busy drafting and finalizing an order of reinstatement that will see both Chandra and Bibit returned to their rightful places as KPK Commissioners. However, what has not been addressed is the damage to their reputations as a consequence of this long-running unsavoury incident.

The AGO seems intent on continuing to perpetuate the fallacy that there was enough 'evidence' available to the police and the AGO to continue this case to trial. Marwan Effendy, the Deputy Attorney General for Special Crimes, said as much in his statement indicating the intent of the AGO to drop the case.

According to Effendy, the psychological and moral consequences that would arise as a result of the trial would not have warranted the trial going forward. So, the AGO bowed to public pressure. OK, but this is not where Effendy decided to stop. Instead, Effendy went on to say that the charges were valid, that Chandra and Bibit did not understand the anti-corruption law and that neither of them realized the consequences of their actions in breaching the provisions of the law.

Simply, in other words the Deputy Attorney General for Special Crimes is saying we would have garnered a conviction, but a conviction is not in the public interest. In essence, Chandra and Bibit are guilty as charged, but the AGO in their infinite wisdom and intimate understanding of the public's need to eliminate corruption has decided to not do its job. Alternatively, this could be a simple case of the Deputy Attorney General for Special Crimes continuing the defamation of the good name and character of both Chandra and Bibit.

Perhaps a trial would have been the best option. A trial would have presented an opportunity to Chandra and Bibit to be exonerated of the charges and clear the mud thrown at them. A trial would have also highlighted the lengths that the police and the AGO had gone to fabricate a case.

Admittedly, there are arguments that the trial might have gone the other way and confirmed guilt, but if the police or the AGO really had that evidence then it would be an outrage not to pursue it; corruption within the Corruption Eradication Commission. It could be argued that there would not be a bigger case, or a sweeter one, than busting the corruption busters up to their eyeballs in extortion and bribery while feathering their own nests.

The moral of this story is that corruption is alive and well in Indonesia, that it is facilitated and perpetuated by those in positions of authority or power, but that good is more regularly triumphing over evil. There is a long way to go, but perhaps this is a first step in the next phase of the corruption fight.

A final note. The case might have been dropped, and Chandra and Bibit will return to their respective positions at the KPK. However, much damage has been done to their reputations, and it must be part of the process of healing that the dropping of the case includes rehabilitation of their names and reputations. Anything short of a full apology is a slap in the face. The police allowed the fabrication of a case, the AGO kept the fabrication going, and the president refused to step in and discipline those responsible. Yes, an apology is warranted and justified. It is time that the president was presidential enough to step up to the plate and make it.

Come on Mr. President, what are you waiting for?

Look Whose Smiling Now...Will it Last?

There are some things that just beggar belief and then there are those things that just seem too stupid for words. But, any of you that have read this blog will know that I am rarely stuck for words even when things seem to be too stupid for them.

Comm. Gen. (Police) Susno Duaji found time to make a visit to the Corruption Eradication Commission (Komisi Pemberantasan Korupsi / KPK) to get an update, or as he would prefer to call it, a clarification. Why is this too stupid for words? Anyone who thinks a little bit about this situation will see that this is nothing short of a very public attempt at intimidation. Duaji is saying, "You wanna mess with me, then you end up a suspect, and out of a job!"

This sort of behaviour is reminiscent of a Mafioso made man. It is the behaviour of a man who thinks his back is covered and he is protected. Just sometimes, and only sometimes, these are the people that are most exposed. If for no other reason than they are expendable as the bigger fish look to tie off any loose ends.

By putting himself front and centre on this one, Duaji also becomes the most likely to take the fall or become the scape goat when this whole affair goes pear-shaped. And, it will go pear-shaped, and perhaps soon.

The focus here needs to be only on Duaji at this point in time. Somehow, I believe that there are plenty of people who would share my belief that Duaji wants it no other way.

This post does not lend itself to a very long expose. The spat between the KPK and Duaji, and perhaps the Police, is long on details. Nevertheless, there are a few pertinent details that are worth repeating, along with some educated speculation about why it came about in the first place. It is also worth noting that this is bigger than one man and a couple of state institutions in the form of the KPK and the police.

There are others involved here. This case involves a traceable money trail and it goes without saying that perhaps the Indonesian Financial Transactions Reports and Analysis Center (Pusat Pelaporan dan Analisis Transaksi Keuangan / PPATK) uncovered a trail of cash and other illicit payments that may implicate a number of those individuals that seem intent on shutting down any KPK investigation into Bank Century, and by default Bank Indonesia (Indonesian Central Bank).

Interestingly, if this case does involve BI, and it seemingly does, then who would be involved at that level? When the Bank Century bail out was being discussed and ultimately approved, the Vice President-elect was at the helm. One would have to wonder whether or not there is going to be a concerted effort to shield the VP-elect from any fallout that may eventuate. So, in that case, who takes the fall? Sri Mulyani Indrawati?

It would also seem that the Office of the Attorney General is intricately and intimately involved in the process of facilitating this fiasco. There is plenty already in the public record that suggests that, at least, at the second tier level of AGO officials there was a concerted effort to facilitate an end to the Anggoro Widjojo investigation.

This is a case that will unravel because their are too many hands in the cookie jar.

There is little doubt that Duaji has gone "balls to the wall" on this one. He is investing everything that he has to protect his interests, and perhaps the interests of some others as well. So much so that there are clear breaches of the police code of ethics with respect to the abuse of authority and in terms of more technical aspects of police officers doing their duty and fulfilling their obligations as officers.

It is time that the Chief of Police and the President became more pro-actively involved in this issue. The Chief of Police must stand Duaji down until the investigations are complete.

The potential for this mess to become even uglier and dirtier is huge. Sometimes it is worth while just sitting back and thinking about how big this case has become and how big it is likely to become.

Is it big enough to bring down SBY? Who knows? What does seem certain is that more heads are going to roll!

(Photo courtesy of here)

Anti-Corruption Forces Under Siege -- Indonesia...

I will be wearing my best white outfit in support of this action. I am not sure what difference it will make here in Sydney. Perhaps I can swing around Maroubra way and set up shop out in front of the Indonesian Consulate in my best whites and a sign or something.

It is a sad indictment of Indonesian politics and law enforcement that the Indonesian Corruption Eradication Commission (KPK) is being slowly but surely set up for dismantling. The KPK has grown into an organization that has had some considerable success. It would seem that this success is the root cause for the animosity that is now prevalent between the KPK and the police and the Office of the Attorney General.

It was an unfortunate and ultimately untimely coincidence that the Head of the KPK found himself embroiled in a over-heating love triangle (perhaps because of his fancy for the old triangle of love) that ended in the murder of his competitor for the triangle of love.

Probably what is even sadder, but simultaneously more interesting, is that the President who campaigned for a first term on a platform of cleanliness or anti-corruption, and then similarly campaigned for a second term on a similar platform all the while toting the successes of the KPK and the great strides Indonesia has made in this area, has remained out of the fray.

In fact, the presidential spokesperson on legal affairs has stated in unequivocal terms that the president is watching but is not going to become involved. In essence, the president is going to let this thing run its course. Presumably even if it means that the KPK is stripped of its powers and ultimately dismantled.

By my reckoning this would be the perfect time for the president to stand up and be counted. If he truly wants to leave a legacy of reform, good governance, and more importantly clean governance, then this is the issue to stand up on. If for nothing else, the man must stand on his principles, and judging by his campaigning and public statements his principles are that anti-corruption is something that he holds dear. Now, if that is true, now would be a good time to prove it.

The idea that the president is going to stand back from this one makes a mockery of all those who argue that having won 60% of the popular vote in the presidential elections that the president has a mandate to force through change. The man seemingly does not have the testicular fortitude to stand up for the one institution that can cement his legacy as a reformer, as a man dedicated to the people who have suffered for so long at the hands of corrupt officials. No, at this rate the president will be remembered as the president who presided over the dismantling of one of the more prominent successes of the reformasi period.

So, get out your white shirts and stand united with those who support the work of the KPK to date and support the idea that the KPK must continue with the ability to do this work into the future.

Viva KPK!

Presidential and Vice-Presidential Candidates -- Wealth Reports

The Presidential Election Law, specifically Article 14(1), says that all presidential and vice-presidential candidates must declare their wealth by filling in the necessary form and filing it with the Corruption Eradication Commission (Komisi Pemberantasan Korupsi / KPK). Once the filing is made the candidate will be issued a receipt acknowledging that the wealth report has in fact been lodged.

The purpose of wealth reports has never really been to verify the wealth noted but rather as a means of ensuring that state officials do not enrich themselves during their period of public service. This is in spite of plenty of people thinking that candidates (and state officials) once they have declared their wealth must be made to justify where that wealth has come from where there is suspicion over where their wealth originates.

This seems to run counter to the idea of their being a presumption of innocence and clearly shifts the burden from the KPK to prove the wealth is ill-gotten to the person reporting their wealth.

The usual claim for unexplained wealth is that it is an inheritance. This is a good explanation because the originator of that wealth is dead and unable to explain where it comes from. Very convenient.

The obligation does not officially kick in for a candidate until they officially declare and register their respective candidacies with the General Election Commission (Komisi Pemilihan Umum / KPU). This registration process opened yesterday (10 May) and runs through until 16 May 2009. The KPK expects that they will start the verification process on 21 May 2009.

Once again, the verification process is to determine that candidates have reported all their current wealth rather than a fishing expedition to find ill-gotten wealth. At least this seems to be how things pan out with wealth reports.