2007/ACT/WKSP1/013 Effective Anti-Corruption Strategies: Investigating and Prosecuting High-Level Corruption Indonesia s Experience

Transcription

1 2007/ACT/WKSP1/013 Effective Anti-Corruption Strategies: Investigating and Prosecuting High-Level Corruption Indonesia s Experience Submitted by: Indonesia Workshop on Strengthening Cooperation Mechanisms in the Asia-Pacific in the Fight Against High-Level Corruption Lima, Peru October 2007

2 Effective Anti-Corruption Strategies: Investigating and Prosecuting High-Level Corruption ( Indonesian Experience ) By: Iswan Elmi Director of Initial Investigations - KPK Peru, 29 October 2007 AGENDA KPK Corruption Eradication Commission Indonesian History in Combating Corruption Corruption Eradication Commission Strategy Capacity Building Repression, Prevention and Education Outcomes

3 Indonesian History in Fighting against Corruption Year Name of Action Scope of Action Legal Basis 1957 Military Operation (Unstructured Actions) Military Commander Instruction 1967 Corruption Eradication Team (Prevention & Repression) Presidential Decree 228 / Disciplinary Operation (Prevention & Repression) Presidential Instruction 9 / Special Operation on Taxation (Prevention & Repression) Instruction of Minister of Finance Monetary & Economic Crisis 1999 Wealth Report Commission (Prevention) Law Number 28 / Joint Investigation Team (Repression) Government Regulation 19 / 2000 LEARNING Not enough in prevention measures, even though the mandates covered prevention measures Good only in the first several years, became corrupt after that Aimed at punishment only, not enough attention to the asset recovery (proceeds of corruptions) Perceived to be used with certain interests Human Resource Management System was not for managing performance Financial Management System was not for managing performance 2003 KPK / CEC Law Number 30 / 2002 Mandates: Coordination, Supervision, Repression, Prevention icl. System Reviews President s Team for Fighting Corruption Presidential Decree 11 / 2005 Mandates: Coordination among president s teams Pre Investigation, Investigation and Prosecution 3 Institutions Handling Corruptions: Spec. Corruption Courts: KPK Law 30/2002 Public complaints Pre investigation 7 days Investigation Prosecution Special Court 14 days 90 working days POLICE Law 2/2002 Public Complaints Pre investigation Investigation General Court Prisons AGO Law 16/2004 Public Complaints Pre investigation Investigation Prosecution Court Over Capacity: Salemba: 4562/826 Cipinang: 4257/1789 Duren Sawit: 1732/504

4 Corruption Eradication Commission - KPK Law Number 30 Year 2002 KPK - CEC Some features: Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Other features (Nowadays) 5 Commissioners 2 Advisors of 4 allowed 400 staff Komisi Pemberantasan Korupsi Corruption Eradication Commission

5 Organisation Structure COMMISIONERS ADVISORS PREVENTION REPRESSION INFORMATION & DATA INTERNAL SUPERVISION & PUBLIC COMPLAINTS SECRETARY GENERAL SECRETARIAT REGISTERING & EXAMINING WEALT REPORT OF PUBLIC OFFICIAL SECRETARIAT PRE- INVESTIGATION SECRETARIAT INFORMATION & DATA PROCESSING SECRETARIAT INTERNAL SUPERVISION PLANING & FINANCE GRATIFICATION EDUCATION & SERVICES FOR PUBLIC TASK FORCES INVESTIGATION DEVELOPMENT OF NETWORK INTER COMMISION AND INSTITUTION PUBLIC COMPLAINTS GENERAL HUMAN RESOURCES RESEARCH & DEVELOPMENT TASK FORCES PROSECUTION MONITOR TASK FORCES Article 3 Law Number 30 Year 2002 KPK is to be a State agency that will perform its duties and authority independently, free from any and all influence In the context of this article, Power and Influence shall be construed as any power that could affect tasks and authorities of the KPK or members of Commissioners of the KPK individually, from any executive, judiciary, legislative, and any other entities connected to a corruption cases, or any other circumstances and situation, for any reason.

6 Corruption is an extraordinary Crime Conventional Corruption Eradication has been historically proven to be inadequate There needs to be an extraordinary method of law enforcement through the establishment of a special institution equipped with a wide authority as well as independence and freedom from any undue outside influence, that will take part in corruption eradication to ensure that the effort is optimal, intensive, effective, professional, and ongoing. The KPK is formed with the purpose of improving the effectiveness and efficiency of corruption eradication efforts. Corruption Eradication is A series of activities with the purpose of: preventing and eradicating corruption through efforts of coordination, supervision, monitoring, preinvestigation, investigation, prosecution, and proceedings at the court of Law taking into account the participation of the public (Article 1 (3) of Law Number 30/2002)

7 Law Number 30 Year 2002 Coordination (Art. 7) Supervision (Art. 8) Duties of (Article 6) Pre-Investigation, Investigation, Prosecution (Art. 11) Prevention (Art. 13 ) Monitoring (Art. 14 ) Coordination (Art. 7) Coordinate the pre-investigations, investigations and prosecutions of corruption offences; Set up reporting system in corruption eradication activities; Request information on corruption eradication activities to relevant agencies; Conduct hearing or meeting with agencies competent of eradicating corruption; and Request report from the relevant agencies concerning the prevention of corruption. AGO State Auditors Inspectors of Non Dept. Gov. Auditors National Police Office Inspect. General of Departments Auditors of Local Gov.

8 Supervision (Article 8) KPK has the authority to conduct supervision, in-depth study, or analysis of agencies in performing their duties and responsibilities as corruption eradication authorities as well as agencies in charge of public services. Taking Over the Investigations or Prosecutions of corruption cases from National Police Office and AGO NPO State Auditors Gov. Auditors Dept. Inspectors Local Gov Auditors Departments/ Ministries (public services) NPO AGO AGO Art. 9, 10 Prevention (Pasal 13) Conducting registration and examination of state official wealth reports (LHKPN); Receiving reports and determining status of gratifications; Organizing anti-corruption educational program at every academic level; Designing and promoting programs to disseminate knowledge of the prevention of corruption; Conducting anti-corruption campaigns for the public; Establishing bilateral or multilateral cooperations in corruption eradication. National Education Department & other Educational Institutions Press, NGO, Religious Communities Public Comm. Foreign Activities

9 UU No. 30 Tahun 2002 Monitoring (Pasal 14) Conduct review of the administration management system in all state and government agencies; Advise the leaders of state and government agencies to make changes if the review reveal corruption s potential issue in the administration management system; All State & government Agencies All leader of state and Government Report to the President, the Parliament, and the State Auditor, if KPK s recommendations for the proposed change are ignored. To : President, DPR, & BPK Strategies KPK Capacity Building Repression Vision Mission Prevention Public Involvement & Participation Integrated Program Implementation Vision: To Bring Indonesia Free from Corruption Mission: A Driver to Change to Become an Free-Corruption Nation Resources required State Budget Donors Mission Achievement

10 Corruption Eradication Strategies Short term strategy strategies to produce swift results/effects in corruption eradication. Medium term strategy strategies that systematically prevent corrupt acts Improvements to administration systems and state governance management Long term strategy targeted at changing the public s perception toward corruption and abolish cultural permissiveness towards corruption Prevention Eradicating Corruption Looking for the Cause & eradicate Fair & Objective Law enforcement Strict Supervision in public administration & punishment Improve the Human Resoure Management System : recruitment, remuneration, reward & punishment Improve the Financial State & procurement System Raising the Public Partisipation

11 Prevention Eradicating Corruption (Cont') Raising informative administration increasing the public supervision Socialiszation the Eradication Corruption Strategy Civil Servant financial Disclosure report Networking with others institution Increasing public awareness through Socialiszation and Anticorruption Education Promote the Island of Integrity Graft Prevention Subject Gorvernment Public Service Reform Good Governance Improve the Human Resource System Recruitmen Performance Management and Remuneration Reward & punishment Private Sector Good Corporate Governance Business Ethics Civil Society Build Anticoruption people culture

12 REPRESSION STRATEGIES Repression Division: Initial Investigation Directorate Investigation Directorate Prosecution Directorate Integrated functions of Investigation and Prosecution Implementing preventive authority in investigation and prosecution process Driving to reform the government institutions / State Agencies investigated or prosecuted. REPRESSION STRATEGIES Focusing to Big Fish : High profile corruptors Big money involved Serious public complaints Recruiting personnel and building professionalism Cooperation with national FIU formally and informally Building good cooperation with law enforcement agencies nationally and internationally, especially in capacity building and investigation process and asset Recovery

13 Repression Corruption Cases Handled (Sept.) 1 Pre Investiga Cases Investigation Cases Prosecution Cases Execution Cases Pre / Initial Investigations: Investigations: Unit * Target Cases Realization Cases % - 100% 111% 180% 196% Unit * Target Cases Realization Cases % - 150% 133% 108% 71% Prosecutions: Unit * Target Cases Realization Cases % - 100% 100% 115% 88%

14 Executions: Unit * Target Cases RealizatCases % - 0% 100% 140% 140% State Losses until 2007 The Potential recoupment of state losses: * Total 0 US$ 1,3 millions US$ 3,4 millions US$ 13,1 millions US$ 13,1 millions Successfully deposited to the State Treasury Account: * Total 0 US$ 777,000 US$ 1,4 millions US$ 1,7 millions US$ 3,875 millions

15 CONCLUSIONS Extra ordinary crime of corruption bring the need firm commitments, extra efforts, comprehensive and intensive strategies, and extra authority to fight. Repression and prevention actions must be implemented simultaneously to get optimal results. Cooperation among national and international law enforcement agencies/ institutions responsible fighting corruption should be encourage and implemented formally and informally.