The committee assigned to select a Corruption Eradication Commission leader (Pansel KPK) has whittled down potential candidates for the position to a shortlist of 19. Starting this Monday, Pansel KPK will move on to the interview stage of the process.
One of the candidates in the running for the post is Jimly Asshiddiqie. As the current Chairman of the General Election Honorary Council, Mr. Asshiddiqie believes that the KPK’s present stance as a temporary body set up to augment the country’s underperforming police and public prosecutors should be made more permanent, and that this change should be formalized by law.
Referring to Article 24 (3) of the 1945 Constitution, which states that “Other supporting bodies in relation to judicial power are to be regulated within the law” Mr. Asshiddiqie claims that the phrase “other supporting bodies” means that the KPK can fulfill a more permanent role with regard to judicial power.
Furthermore, Mr. Asshiddiqie asserts that many still misunderstand the temporary nature of KPK’s existence, despite the body being regulated under Law No. 30 of 2002 on the establishment of a Corruption Eradication Commission.
“The phrase ‘other supporting bodies’ as it relates to judicial power, is regulated in the law. Therefore, the KPK must be understood in this wider, more permanent context,” explained Mr. Asshiddiqie in a recent interview.
This reasoning underpins Mr. Asshiddiqie’s motivation to run as a candidate for the KPK. According to Asshiddiqie, the 1945 Constitution provides a parallel, in that it does not explicitly state that a “central bank” refers specifically to Bank Indonesia. After much deliberation, however, it was eventually decided that Bank Indonesia should become a permanent institution.
Aside from the KPK, Mr. Asshiddiqie also asserts that the National Commission for Human Rights needs to be made permanent as a reflection of the Indonesian constitution’s more modern characteristics, specifically human rights, the environment, and corruption.
Aside from his stance regarding the KPK, Pansel KPK has also asked Mr. Asshiddiqie to explain his views as regards the importance of incorporating the KPK into the national constitution. In answer to this question, Mr. Asshiddiqie stresses the importance of shifting the public’s perception of corruption to that of a common concern that affects everyone’s lives.
“Corruption eradication and prevention are very modern concerns. Therefore, law enforcement pertaining to this important issue should be incorporated into the 1945 Constitution. So it is my belief that primary issues such as human rights, the environment, and corruption must be formalized at a constitutional level,” clarified Mr. Asshiddiqie.
In the same interview, the KPK candidate also spoke about the death penalty and his belief that capital punishment be abolished, as it strays from the second moral principle of Pancasila, namely that of a just and civilized society.
Mr. Asshiddiqie criticized the types of sanctions that are currently incorporated into the Indonesian Criminal Code Draft (Rancangan Kitab UU Hukum Pidana – “RKUHP) and sees the need for criminal sanctions to shift from physical punishment towards confiscation of assets.
In reference to cases concerning corruption, Mr. Asshiddiqie stated his belief that criminal acts that contribute to state losses should result in offenders’ assets being confiscated. Despite Mr. Asshiddiqie’s firm backing for the KPK however, he admits that the anti-corruption body must alter and bolster its approach to the eradication of corruption in Indonesia.
The committee assigned to select a Corruption Eradication Commission leader (Pansel KPK) has whittled down potential candidates for the position to a shortlist of 19. Starting this Monday, Pansel KPK will move on to the interview stage of the process.
One of the candidates in the running for the post is Jimly Asshiddiqie. As the current Chairman of the General Election Honorary Council, Mr. Asshiddiqie believes that the KPK’s present stance as a temporary body set up to augment the country’s underperforming police and public prosecutors should be made more permanent, and that this change should be formalized by law.
Referring to Article 24 (3) of the 1945 Constitution, which states that “Other supporting bodies in relation to judicial power are to be regulated within the law” Mr. Asshiddiqie claims that the phrase “other supporting bodies” means that the KPK can fulfill a more permanent role with regard to judicial power.
Furthermore, Mr. Asshiddiqie asserts that many still misunderstand the temporary nature of KPK’s existence, despite the body being regulated under Law No. 30 of 2002 on the establishment of a Corruption Eradication Commission.
“The phrase ‘other supporting bodies’ as it relates to judicial power, is regulated in the law. Therefore, the KPK must be understood in this wider, more permanent context,” explained Mr. Asshiddiqie in a recent interview.
This reasoning underpins Mr. Asshiddiqie’s motivation to run as a candidate for the KPK. According to Asshiddiqie, the 1945 Constitution provides a parallel, in that it does not explicitly state that a “central bank” refers specifically to Bank Indonesia. After much deliberation, however, it was eventually decided that Bank Indonesia should become a permanent institution.
Aside from the KPK, Mr. Asshiddiqie also asserts that the National Commission for Human Rights needs to be made permanent as a reflection of the Indonesian constitution’s more modern characteristics, specifically human rights, the environment, and corruption.
Aside from his stance regarding the KPK, Pansel KPK has also asked Mr. Asshiddiqie to explain his views as regards the importance of incorporating the KPK into the national constitution. In answer to this question, Mr. Asshiddiqie stresses the importance of shifting the public’s perception of corruption to that of a common concern that affects everyone’s lives.
“Corruption eradication and prevention are very modern concerns. Therefore, law enforcement pertaining to this important issue should be incorporated into the 1945 Constitution. So it is my belief that primary issues such as human rights, the environment, and corruption must be formalized at a constitutional level,” clarified Mr. Asshiddiqie.
In the same interview, the KPK candidate also spoke about the death penalty and his belief that capital punishment be abolished, as it strays from the second moral principle of Pancasila, namely that of a just and civilized society.
Mr. Asshiddiqie criticized the types of sanctions that are currently incorporated into the Indonesian Criminal Code Draft (Rancangan Kitab UU Hukum Pidana – “RKUHP) and sees the need for criminal sanctions to shift from physical punishment towards confiscation of assets.
In reference to cases concerning corruption, Mr. Asshiddiqie stated his belief that criminal acts that contribute to state losses should result in offenders’ assets being confiscated. Despite Mr. Asshiddiqie’s firm backing for the KPK however, he admits that the anti-corruption body must alter and bolster its approach to the eradication of corruption in Indonesia.