Demonstrations against the KPK Law

El_Goretto

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Starting a thread to discuss the various student demonstrations across Indonesia against the KPK Law passed by the DPR.

In Jakarta, the demonstrations are currently located in front of the DPR building.

Please share any information.

Live coverage from KompasTV:

 

harryopal

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This story has been covered across the Indonesian TV networks but I have yet to see a coverage that says that more than 20 people have been killed in Papua with the Indonesian military response to demonstrations. It has been covered by the ABC.
 

nd_eric_77

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Are there any disruptions today? I heard rumors that a more anarchist element hijacked the protests and turned to rioting around Slipi; any truth to that?
 

El_Goretto

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Are there any disruptions today? I heard rumors that a more anarchist element hijacked the protests and turned to rioting around Slipi; any truth to that?
The various student factions have claimed that the anarchists were not students.

For sure there are provocators. It's too good an opportunity to pass for the people behind the fake demonstrations during the elections.
 

El_Goretto

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Rioting started again in Slipi and Palmerah. Gatot Subroto is closed.
 

jstar

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The student protests are much more than a reaction on the new KPK law though. The title of this thread doesn’t really do it justice.

On that KPK law; in fact it’s not thát bad if you look at what is really the new situation and structure:

The most important change is that there will be a supervisory board of five people, which will check the ins and outs of the KPK and make an evaluation every year.

This council is appointed and is accountable to the executive (the president) and not as the DPR wanted to the legislature (the DPR itself).

Among other things, the council gives permission to tap telephones, perform searches and seizures, the KPK requests permission to tap and the council must respond within 24 hours, such a tap will take 6 months, but the council can extend it.

The KPK is given the authority to issue an SP3 after 2 years. If new evidence emerges, the KPK can restart the investigation and give the person the status of suspect again.

The KPK staff becomes a state service so they will be civil servants, which gives benefits such as pension and some secondary employment conditions, but in terms of salary that is not favorable, the KPK wages are rather good.

Now the KPK remains a separate organization that does not fall under the legislature (DPR) like the entire civil service, but under the executive (I.e. the president) so the KPK remains an independent institution. Which is converted from what was previously a temporary institution into a permanent institution.

The KPK can and may get its new staff wherever they want, that remains the same, and the staff should not (as the DPR wanted) only come from the police and the department of the Attorney General.

Also the article that the DPR wanted the KPK to coordinate its affairs with the Attorney General's office (the prosecutors' office is infamously corrupt) has been deleted, working with the Attorney General's Office is possible, but the KPK determines when and how.
 

El_Goretto

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Thank you @jstar, this is very useful.

Indeed I did not follow closely this issue (I should have) and don't master its topic.

Would you mind clarifying what the other revendications from the students are?
 

dafluff

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Would you mind clarifying what the other revendications from the students are?
The last few weeks have been a storm of bad governance coming home to roost. From forest fires in Kalimantan and Sumatera, unrest in Papua, and finally DPR trying to ram through several controversial laws in their lame duck session that ends this Friday. Among these laws are the revision to KPK law and the new KUHP (criminal code), but there are several others.

Below is the summary of student demands, translated into English by the Jakarta Post

1153
 

dafluff

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On that KPK law; in fact it’s not thát bad if you look at what is really the new situation and structure:

The most important change is that there will be a supervisory board of five people, which will check the ins and outs of the KPK and make an evaluation every year.

This council is appointed and is accountable to the executive (the president) and not as the DPR wanted to the legislature (the DPR itself).

Among other things, the council gives permission to tap telephones, perform searches and seizures, the KPK requests permission to tap and the council must respond within 24 hours, such a tap will take 6 months, but the council can extend it.

The KPK is given the authority to issue an SP3 after 2 years. If new evidence emerges, the KPK can restart the investigation and give the person the status of suspect again.

The KPK staff becomes a state service so they will be civil servants, which gives benefits such as pension and some secondary employment conditions, but in terms of salary that is not favorable, the KPK wages are rather good.

Now the KPK remains a separate organization that does not fall under the legislature (DPR) like the entire civil service, but under the executive (I.e. the president) so the KPK remains an independent institution. Which is converted from what was previously a temporary institution into a permanent institution.

The KPK can and may get its new staff wherever they want, that remains the same, and the staff should not (as the DPR wanted) only come from the police and the department of the Attorney General.

Also the article that the DPR wanted the KPK to coordinate its affairs with the Attorney General's office (the prosecutors' office is infamously corrupt) has been deleted, working with the Attorney General's Office is possible, but the KPK determines when and how.
The Dewan Pengawas (supervisory council) basically means that KPK just becomes an arm of the executive. Potentially this means that no one in the president's inner circle will ever be investigated by KPK. A situation where a president's father-in-law can be charged, as it happened during SBY era, is never going to happen again.

Further requiring permission to tap phones, searches etc. from the DP shows that the DP will be involved in day-to-day activity of KPK, rather than just evaluating them every year. Also the law says that permission can be given in 24 hours, not has to be given. There is no maximum time. They can basically say no, or even just not respond.

The SP3 (order to stop investigation) is a mechanism that is often abused in the national police. Basically it is used to quash investigations quietly behind closed doors. This was a very good reason to not have this "feature" within the KPK. It was also previously enacted into law, but struck down by the Constitutional Court (MK), so sneaking this back in is really brazen.
 

jstar

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Potentially this means that no one in the president's inner circle will ever be investigated by KPK.
You think so? And when the KPK reports to the president without any other oversight that chance is smaller? Come on. There are no countries with these special task forces that don’t have an oversight mechanism.

from the DP shows that the DP will be involved in day-to-day activity of KPK, rather than just evaluating them every year.
Of course, they are a part of the KPK.

The SP3 (order to stop investigation) is a mechanism that is often abused in the national police. Basically it is used to quash investigations quietly behind closed doors. This was a very good reason to not have this "feature" within the KPK.
Two years seems as a good timeframe for an investigation. It is only normal it should stop after some time an reopened if deemed necessary.

Also the law says that permission can be given in 24 hours, not has to be given. There is no maximum time. They can basically say no, or even just not respond.
Not true. They might not give approval but according to article 47 there has to be an answer within 24 hours.
 

jstar

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Would you mind clarifying what the other revendications from the students are?
Sorry for the late answer.

Every student I know and who is participating (5, Jakarta / Solo / Surabaya) has the revision of the criminal code bill and the reform of the political landscape (DPR etc.) as priority and motivation. The KPK bill as well as the others, are more drivers to demand scrutiny and avoid quick approvals at the end of the legislature. They are not well informed on the detailed contents. Papua is practically on nobody’s radar, fair treatment of political opposition is.

So the Jakarta Post list is trying to include all grievances but it doesn’t mean that is the collective thinking list which represents all these students.

The danger is now that more and more participants are provocators aiming at violence and anarchy. (Or paid by ,,,?) It’s very easy to have it get out of hand, see what they did to the armored water canon vehicle.
 
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dafluff

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For reference, here are the revisions in the KPK law:



You think so? And when the KPK reports to the president without any other oversight that chance is smaller? Come on. There are no countries with these special task forces that don’t have an oversight mechanism.
Of course. Previously the oversight was not in the President's hands. There can be oversight, but in order for it to be an independent body, it can't be oversight by the executive branch. That is ridiculous. The reason KPK even exists is the world record corruption by the executive branch during Soeharto era. It's like asking thieves to oversee the police...

Not true. They might not give approval but according to article 47 there has to be an answer within 24 hours.
Ok, this is correct, I misread the earlier draft. Still, needing permission from a 5-person body beholden to the president is laughable. See the above paragraph. Also, any one of the 5 can easily tell the subject of investigation that they are being investigated.
 

dafluff

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So the Jakarta Post list is trying to include all grievances but it doesn’t mean that is the collective thinking list which represents all these students.
The Jakarta Post only translated the demands previously written in Indonesian by the students. Or at least some of the students. There are many elements in the movement and they obviously do not agree on all the subjects.

The uniting factor however is that they are frustrated with a government, in particular DPR, who is seen as not representing the interest of the country.
 

dafluff

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It seems Jokowi is finally coming around. After initially insisting that he will not issue a Perppu (Peraturan Presiden Pengganti Undang-Undang - Presidential Regulation Replacing a Law) to change the changes to the KPK law, he now says he is considering it.

The about face came after many national figures met with him at Merdeka Palace today. The figures who met Jokowi include Mahfud MD, former chief justice of the Constitutional Court, and leaders of religious and cultural organization.

A Perppu is a mechanism that allows the president to annul a law passed by DPR should there be a pressing need. It then needs to be reviewed by DPR and maybe adopted or rejected. This option was used by SBY at least twice, once to amend the same KPK law now under consideration, and another time when a runaway parliament session passed a law ending direct elections of regional leaders (governors, regents, mayors, etc).

 
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dafluff

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First reported death in the student protest:

A student protester died in Kendari, South East Sulawesi after clashes with police outside the local council (DPRD) building. The student, identified as Randy, a 4th year fisheries student at Halu Oleo University, was reported dead during transport to hospital. Local military commander, Colonel Yustinus Nono Yulianto confirms the reported death, and said the victim had a chest wound. Col. Yustinus did not confirm cause of death pending an autopsy, but CNN Indonesia reports the chest wound was caused by a bullet.

Another victim is in critical condition with a head wound.

 

harryopal

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Jokowi's standing seemed to have risen with his position on dealing with corruption. What I don't understand is why he seemed unopposed to the changes to the KPK laws which are so widely seen as undermining the integrity of the organization.

Is the implication that he is not as tough on corruption as he seemed? Whatever, his handling of the issue seems to have done him a lot of harm in the eyes of the general public.
 

jstar

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What I don't understand is why he seemed unopposed to the changes to the KPK laws which are so widely seen as undermining the integrity of the organization.
If you say this, it shows you haven't read the revised law and -as so many here in society- are unaware of the changes made to the original DPR wishes.

And again: these are NOT (solely) anti KPK law demonstrations.

Something else to consider; a corrupt democracy is still a democracy. All countries get the government they deserve.
 

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