a bule perspective: how quickly indonesians outgrew their president
This is the second part of my take on the KPK crisis. The first part, The KPK, News Media and Why I Still Love Indonesia, can be read here.
Last night I had dinner with a very important man. He is on the board of one of Indonesia's largest and most successful companies. Not that you would know it from looking at him. Unlike the many so-called dignitaries that populate our government, my friend does not draw attention to himself.
In his role, my friend has met many of the people that make the news. He also has a wealth of knowledge about what goes on behind the scenes. These dinners are always wonderful for me because I get to ask him to explain things in the news to me.
For example, he knows all about disgraced Bank Indonesia governor Miranda and explained to me why, with so much bribery and corruption going on around her, no-one has any evidence against her. If you think about it, it is extremely unlikely that she knew nothing about the bribes paid to DPR legislators in return for their votes when she was elected to the Bank of Indonesia board. Yet, there she was in the paper yesterday grinning like the Cheshire Cat claiming that she knew nothing about it.
Last night's dinner conversation was dominated by the Police arrest of KPK commissioners Bibit and Chandra and why the President hasn't done anything.;
Like many people, my friend thinks that SBY's hands are not entirely clean. SBY screwed up. From the outset he said that he would not get involved. He would not interfere, but this was a lie.
He interfered big time when he issued his Presidential law --- the PERPPU --- firing the two commissioners and giving him the authority to appoint his own commissioners. The Constitutional Court has subsequently issued a decision effectively canceling the PERPPU. How embarrassing for the President!
But it wasn't until Thursday that the President really showed his true colours. If you haven't been following the taping incident, then here's a summary of what happened:
- A couple of weeks ago, the defence team for the KPK commissioners revealed that there is a tape-recording of a conversation that proves that high-powered people in the Police has been plotting the downfall of the KPK commissioners.
- On the tape recording a man believed to be Anggodo Widjojo (brother of Anggoro Widjojo, a corruption suspect who is in hiding in Singapore -- the one that the KPK issued a travel ban against).
- There are other high ranking officials on the tape, including an AGO official.
- It is fairly clear that the conversation was recorded without anyone's knowledge or permission.
- In the taped discussion, they discuss plans to set up the KPK commissioners by implicating them in taking bribes from Anggoro.
- The President's name is mentioned in the conversation.
Taping a conversation without permission is quite a serious matter. Generally it means that the tape recording cannot be used as evidence in criminal proceedings. But the KPK has special powers to use wire-tapping. This seems like a perfect example of where the wire-tapping was legal and within the KPK's authority.
On Wednesday, the President ordered the Police to investigate the matter. But before you get excited, he ordered the Police to investigate the use of his name, which is a very minor matter compared to the actual subject matter of the recording, the conspiracy against the KPK.
On Thursday, he told reporters that he is "awfully hurt" by the use of his name (which is actually an offence).
Yesterday, things turned surreal and Anggodo Widjojo filed an "abuse of power" complaint against the KPK commissioners for taping the conversation. What?! I hear you say. Yes, you heard right. This extremely dodgy character has filed a complaint against the KPK for taping the conversation. Shouldn't the Police be investigating him?!
Yesterday, the President showed his true colours and told reporters that the Police were "within their rights" to arrest Bibit and Chandra.
I'm confused. Every single legal expert in this country believes that the Police have over-stepped the line and are acting without authority. The head of the Constitutional Court has gone as far to say that the Police have no authority over the KPK. If the KPK commissioners have done something wrong then it should be sorted out in the Administrative Court. Can someone please explain to me why the President disagrees with every single legal expert there is?
What is happening here? It's actually quite simple. Indonesians have outgrown their President. They want and expect much more from the President. Indonesians want an end to corruption. They want responsible and effective government. They want a functioning government. The problem is that the President --- the man we're all counting on --- isn't able to provide the people what they want.
As awful as it sounds, it is wonderful to experience as an outsider how rapidly Indonesia has transformed. It probably wouldn't have happened quite so quickly without this crisis. In a way, Bibit and Chandra are national heroes.
Comments (14)
@henry The big -- and very important -- difference between Antasari and this case is that Antasari has been charged with murder. Bibit/Chandra are charged with a nonsense. I am a strong believer in the innocent until proven guilty concept, hence I will continue to believe that Bibit/Chandra are clean until someone shows otherwise. Otherwise what do we have? Nothing.
Yep, the Antasari case is a murder case, and therefore substantially different to a case dealing with an abuse of power.
This is a legacy crusher for SBY, which is a shame for a man with a popular mandate and the belief of the Indonesian people, but he could have stepped in long ago and didn't.
I think time will show that Chandra and Bibit are innocent of the abuse of power charges.
Incidentally, I still think Antasari is innocent. But then I'm an idiot sometimes.
The police have to be sure that they have a case to make if this goes to trial. They obviously think that they have one.
Why a damages claim? If an abuse of power is a criminal matter now, then why not just investigate them, arrest them, prosecute them, and then whack them all in jail once they are convicted? After all, abuses of power are now criminal matters, aren't they?
The trial will tell us in Antasari's case whether he is guilty or innocent.
On the damages front. I know what you mean. Yes, the idea of commencing an action for damages seems like a worthy one. With respect to the criminalization of administrative actions. I was pointing out the slippery slope possibilities with such a move. If CMH and BSR abused their powers as alleged and this is a criminal matter, then when the police abuse theirs then this must also be a criminal matter, right?
Antasari is definitely for another day.
