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Supervisory Board of KPK – Implementing Regulations

Last year, the Parliament and the Government amended Law No. 30 of 2002 dated December 27, 2002 on Corruption Eradication Commission (“KPK”) with Law No. 19 of 2019 dated October 17, 2019 (collectively, the “KPK Law”). Such amendment to the KPK Law created public backlash due to the fear of attempts to weaken KPK. One of the provisions is the establishment of a Supervisory Board of KPK. As regulated in the KPK Law, the Supervisory Board serves as a body to oversee the work of KPK. The Board members will be appointed by the President of Indonesia.

Following the establishment of the Supervisory Board of KPK, the President of Indonesia issued Presidential Regulation No. 91 of 2019 dated December 31, 2019 on the Implementing Body of the Supervisory Board of KPK (“PR 91/2019”). The summary of key stipulations in PR 91/2019 is as follows:

Issue PR 91/2019
Duties and responsibilities

 

In carrying out its duties, the Supervisory Board creates an implementing body called the Secretariat of the Supervisory Board. The Secretariat would be led by the Head of the Secretariat and the body will be directly under the responsibility of the Head of the Supervisory Board.

The Secretariat caries out the function of, among others:

a.       receiving and administering any permission to wiretap, search, and/or confiscate;

b.       facilitating the preparation of drafting the code of ethics for KPK chairman and employees;

c.       facilitating any public report on a alleged code of ethics violation by KPK chairman and employees;

d.       facilitating the enactment of the Supervisory Board’s hearing; and

e.       facilitating the work evaluation for KPK chairman and employees.

Appointment The Head of Secretariat shall be appointed by the Secretary General of KPK based on a recommendation from the Supervisory Board.

 

In addition to PR 91/2019, the Government issued Government Regulation No. 4 of 2020 dated January 16, 2020 on the Procedures to Appoint the Head and Members of the Supervisory Board of KPK (“GR 4/2020”). The summary of key stipulations in GR 4/2020 is as follows:

Issue GR 4/2020
Membership The Supervisory Board consists of five members, one of which is assigned as the Head of Supervisory Board. The term of office of the members is four years and may be extended for another period of four years.
Appointment and termination of appointment The Head and the members of the Supervisory Board are appointed by the President. In appointing the Head and members of the Supervisory Board, the President is assisted by a Selection Panel.

The Selection Panel consists of nine members, five of whom are from the Central Government and the remaining four are from the public. One member from the Central Government acts as the head of the Selection Panel and another member serves as the deputy. Members of the Selection Panel are determined based on a Presidential Decree.

The Selection Panel will conduct a series of tests to the candidate members of the Supervisory Board, which candidacy will be open for the public. When the panel selection determines the selected candidates, the Selection Panel will deliver these names to the President. The President will further deliver these names to the House of Representatives for consultation. Upon consultation, the President would have fourteen working days to determine the Head and members of the Supervisory Board.

The Head and members of the Supervisory Board can resign or be terminated if:

a.       they pass away;

b.       the period of office has ended;

c.       they committed inappropriate conduct;

d.       they are sentenced to imprisonment because of a criminal act based on a court decision that is final and binding;

e.       they resign voluntarily in writing; and/or

f.        they are unable to carry out the work for three consecutive months.

Termination of the appointment of the Head and members of the Supervisory Board will be based on a Presidential Decree.

 

  • Recent Development: Issuance of other Presidential Regulations

Other than PR 91/2019 and GR 4/2020, the President and the Government plan to issue certain regulations relating to the new provisions in the KPK Law. The new regulations include:

  1. Government Regulations on:
    • Results of Search and Confiscation in respect of Corruption; and
    • Transfer of KPK Employees as State Civil Apparatus.
  2. Presidential Regulations on:
    • Supervision on the Eradication of Corruption;
    • Salaries and Allowances for KPK Employees;
    • Financial and Facility Rights for the Supervisory Board of KPK; and
    • Organization and Work Procedures for the Chairman and Implementing Body of KPK.

To date, these regulations have not been issued by the President or the Government.

 

February 11, 2020

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