spruiked: jakarta style

SBY's position regarding the KPK-Police-AGO debacle... demonstrates a near criminal lack of leadership. Seen in a less charitiable light it could suggest outright participation in a criminal act.

I've just finished reading this very good blog post by Patrick (click on the link).

It got me thinking. The President has come under a lot of criticism (including from me) for being indecisive, for flip-flopping and sitting on the fence. Basically, a lot of people (including me) seem to think that SBY didn't do enough -- yet no-one has told us what he should have done.

These are the possibilities:

He should have stopped the Police investigation into Bibit and Chandra

That's called "interference in the judicial process". It's more Megawati's style (remember Prita?), and it is completely unconstitutional. The President must not interfere in the judicial process under any circumstance.

He should have fired the Attorney-General and/or the Police chief

Let's leave aside the question of whether he can actually do that for now. What would it achieve? It certainly wouldn't stop the case. And if it did stop the case, then couldn't you say that the President had interfered in the judicial process? Maybe not directly, but that doesn't matter.

Team 8 was a toothless tiger

It could only make recommendations. He should have given it more power. Power to do what exactly? Stop the case? See above.

The President shouldn't have fired Bibit and Chandra

Absolutely. This is the President's biggest mistake. But guess what. He did that after taking a lot of advice from some very smart people. He got really bad advice. If I was in his shoes, I would be seriously pissed off.

The President should have been more open in his support for Bibit and Chandra 

Really? The Police chief and the Attorney-General both told him that they had undeniable evidence that Bibit and Chandra had received bribes. If I were the President, I would be carefully distancing myself from the KPK commissioners -- not supporting it!

All the accusations of delay and fence-sitting don't really amount to much unless someone says what the President should have done.

Most journalists in this country seem to have forgotten that this is a constitutional democracy and the President must abide by its rules.

See the comments below for Rob Baiton's comments and my response -- if you haven't fallen asleep with boredom yet! 

This was just an ordinary tour of duty. As an officer I can neither decline nor choose an appointment

If I was one of the most hated men in the country, I would probably avoid the press. No matter what he says, he is going to come across as a jerk -- and a liar.

After we heard the recordings we discovered several clues that the implication of the KPK deputies had been fabricated

The Constitutional Court has come out guns blazing again with this pretty stunning statement -- this time from Achmad Sadiki.

Bibit and Chandra won round #1 of the fight when the Constitutional Court decided that the President had broken the law by firing Bibit and Chandra. You might remember that the President didn't actually fire them. He issued a presidential decree called a PERPPU. In the PERPPU, there are two clauses that confirm that Bibit and Chandra have been dismissed.

The Court said that the two provisions in the PERPPU that effectively fired Bibit and Chandra were unconstitutional and cannot be enforced. This means that the two provisions are struck out of the PERPPU as if they never existed.

Actually, the whole PERPPU is now pretty useless, because the whole purpose of it was to appoint replacements.

Now Bibit and Chandra have just won round #2. The Constitutional Court has decided that was a possible fabrication of evidence by Police and/or other people connected with the case (i.e. Anggodo Widjojo).

This is a really important decision. What the Constitutional Court is actually saying is that the Police and Attorney-General should immediately drop the case and investigate the people who are behind the conspiracy.

The odds are very high that this is what will happen. The Police are already talking to the KPK about Anggodo.

We are working alongside the KPK because they probably have more preliminary evidence in the case,” Dikdik said. “We will give them full access to Anggodo for questioning. If the KPK wants to make an arrest, we will lead them to [him].

Finally! The Police have handed Anggodo Widjojo (the muppet) to the KPK on a silver platter.

My guess is that the Police don't have enough evidence to do anything with Anggodo and need the KPK to fill in the (evidential) blanks -- i.e. the taped phone conversations.

It's good to see that this horrible man will get his comeuppance.

I do not understand the contents of the president’s speech

Indonesia was glued to the TV last night waiting to hear what the President would say about the KPK crisis. If you expected him to come out guns blazing, then you would have been sorely disappointed.

SBY told the nation that as head of state he did not have the authority to stop the Police or the Attorney-General. I'm no constitutional lawyer, but that sounds right to me.

"[The] better solution... is to not take this case to court, while continuing to abide by the principle of justice," said the President.

It is not surprising that the President confused the nation with this little ditty. He used a special language known as lawyer speak. Translated, he is telling the Police and Attorney General to drop the case, but don't break any laws in the process.

Most people I know are disappointed. They wanted the President to swoop in, kill the dragon and save the princess -- not a lawyer.

I am still mulling this over, but my initial reaction is that I think the President has done the right thing. He has upheld the law, and maintained the integrity of the Presidency. I respect that. It is far more important than making people happy.

But worry too much, good people. One of two things will happen:

• the Attorney-General and Police chief will follow the President's recommendation and stop, or 
• the case will continue.

The smart thing would be to halt the case. But I think the best thing for Indonesia would be for the case to go ahead. Only then will ordinary Indonesians and bules alike get to see just how diseased these two institutions are.

I want to end the fighting

Before the KPK crisis, I would have described the President as "cautious", "conservative" and very much a "consensus man". He was slow to act, but probably because he preferred the Javanese approach to democracy over authoritarianism -- get everyone to agree before you impose your decision.

During the crisis, I added "smart". I was willing to give the President the benefit of the doubt. His insistence that he was not going to interfere indicated that he knew that if they were given enough rope, the Police and the other nasties involved would hang themselves.

Now, as we draw towards the end of the case, I wonder. Do I still feel the same about the President? On one hand, his sudden change of heart could be seen as very self-serving.

On the other, doesn't the fact that he waited for Team 8's decision, then gave the Police and the AGO the chance to cancel this reaffirm my earlier view of the President?

I think it does. In my mind, at least, the President has redeemed himself. Well, almost. I still have a nagging doubt. Do you feel the same?

An out-of-court settlement is fair, with significant improvements in all law enforcement agencies. I want to end the fighting

The President has finally said that he wants to stop the "fighting" between the Police, public prosecutors office and the KPK. Interesting choice of language Mr President. "Fighting"? The appropriate term is "bullying".

Let's leave aside why the President is using such silly words. Let's leave aside why he has had a change of heart -- reme mber he refused to get involved earlier because it would "tear apart" the justice system. What I am interested in is what is best for Indonesia -- not the political career of the President.

Personally, I am beginning to think that it would be better if this ridiculous KPK scenario played out to the end. Why?

• We need to see just how contrived the case is -- how bad is it? 
• The corruption and disease in the Police and Attorney General's office needs to be uncovered, once and for all. 
• The credibility of the KPK has been questioned. Their names needs to be cleared. Team 8 can't do that -- it has no authority. It will take a court to do that. 
• Most importantly, we need our sacrificial lambs, the Police chief, AGO and all the individuals involved in this sick affair.

Here's hoping that the Police and AGO do not heed the President's recommendations.

This was really baseless because there are many ways to raise objections over a news published or aired in the media

These are the words of Setara Institute chairman, Hendardi, in response to the Police naming the press as witnesses in the laughable defamation complaint filed by Anggodo.

Something is very, very wrong in the upper echelons of the Indonesian National Police. Conspirators and corruptors have the upper hand, and there is so much pig swill that you could be forgiven for thinking confusing the continuing drama with a Quentin Tarantino movie.

Who knows what the powers-that-be have in mind with their latest move. Nothing they have done so far has been particularly clever or well thought out.

Let's just see how long they last once Sri Mulyani's reformists get in there.

Oh dear, oh dear, oh dear... Who is advising the Police right now -- Mak Erot?

Anggodo has filed a defamation claim against Kompas and Seputar Indonesia. It's hard to believe that this character has any reputation worth defaming, after the whole KPK-gate wiretapping incident, and his hysterically funny outburst on live TV.

But what's even funnier, is the Police are actually investigating his complaint. Hard to believe, I know. But it's true! Some people are dumber than they look!