The case of bribery and money laundering by former Chief Justice of the Constitutional Court (MK) Akil Mochtar has increasingly shocked the public. At the Corruption Crime Court (Tipikor), Thursday (20/2), it was stated in one of the indictments of the Corruption Eradication Commission (KPK) public prosecutor team, that the total money laundering carried out by Akil Mochtar reached IDR 161.08 billion. The money that Akil Mochtar tried to disguise came from fees for handling regional head election disputes (pilkada) when he served as a MK judge and MK Chief Justice. Meanwhile, KPK deputy chairman Zulkarnain stated that the KPK would continue to investigate a number of regional heads and their deputies who were suspected of giving bribes or giving money to Akil Mochtar while serving at the Constitutional Court.
The Regional Research and Information Center (PATTIRO) supports the KPK’s actions in thoroughly investigating the bribery crime of Akil Mochtar which involved a number of regional heads. PATTIRO also asked the Minister of Home Affairs (Mendagri) as the direct superior of the Regional Head to take firm action against the Regional Heads involved in the bribery case. The Minister of Home Affairs should immediately deactivate the Regional Heads who were proven to have bribed Akil Mochtar so that their cases would be won. But unfortunately, based on Law Number 32 of 2004 concerning Regional Government (UU Pemda), the Minister of Home Affairs can only immediately deactivate regional heads who are proven to have committed bribery when they have the status of defendants.
For this reason, PATTIRO advises the Minister of Home Affairs to immediately formulate and establish a regulatory mechanism that can immediately deactivate regional heads who are involved in bribery cases in regional election disputes. This action needs to be taken by the Minister of Home Affairs, because the criminal act of bribery committed by regional head candidates to win regional election disputes proves that they do not have integrity as a leader. It has been proven that the lack of integrity for a leader will have bad consequences and will only bring misery to the area and people he leads.
Integrity Test
PATTIRO also supports the inclusion of an integrity test article for regional head candidates in the regional head election bill (RUU Pilkada) which is being discussed by the House of Representatives (DPR). Currently, the existence of an integrity test article in the Pilkada Bill is opposed by a number of political parties. Each political party stated that they had carried out an integrity test before nominating a figure to fight in the local elections. In fact, the best integrity test for a regional head candidate is if the integrity test is carried out by a panel team consisting of experts, community leaders, and academics in the region.
In addition, the results of the integrity test must be poured into a legally binding integrity pact signed by the regional head candidates who pass the test. So, when they commit criminal violations related to regional elections, for example, they commit bribery, the Minister of Home Affairs can immediately deactivate them. (***)
Jakarta, February 24, 2014
Sad Dian Utomo | Executive Director PATTIRO
saddian@pattiro.org | 0812 800 3045
Contact Person:
Iskandar Saharudin | Policy Reform Specialist
iskandar@pattiro.org | 0852 6045 0446
