Phone Tapping Corruption Suspect is the Best Solution Introduction: Corruption History and its bad effects. Corruption in Indonesia as we were told by our teacher in school is the “legacy” of the Dutch colonies organisation Vereenigde Oostindische Compagnie or as we know for short VOC. This Dutch East India Company is the beginning of corruption in Indonesia. The VOC fall is also caused by corruption per se. On todays era, corruption is becoming more popular predominantly on government employees. Corruption can cause for instance, the increase of unemployed people, moral decline and in such country as Indonesia where infrastructure construction are rapid, corruption can delay those construction. Thus, corruption on any level can cause many diverse effects. Notwithstanding the negative effects of corruption is already spreading, it is important for us to search for the best method to wipe out corruption from the surface of Indonesia. While we are searching for the best method, we still need to fight the corruption that are currently happening. Hence, the government are establishing the KPK or the government agency devoted just to eradicate corruption. Solutions that government today are currently doing. The KPK is an agency the government made after Soehartos regime ended more precisely on 2002 Megawati Soekarnoputris era that devoted to investigate corrupt politician. The KPK has been very effective on capturing corrupt person. Lately the KPK are taking their investigation method further by tapping the phone of corrupt suspect. If an individual or a group has been suspected of doing all type of corruption, the KPK will start to eavesdrop on the individual or a group by tapping the phone of the person involved. The tapping of suspected phone steps are regulated on Peraturan Kepala Kepolisian Republik Indonesia Nomor 5 Tahun 2010 Paragraph 9 to Paragraph 12 (Sindar, 2016). Then if the KPK suspicion increased, the KPK will send formal letter to summon the person involved or even arrest directly while the corrupt transaction is happening and bring the involved to the KPK building in Jakarta to be investigated further. The investigator must get a move on quickly because at this stage the person involved are prone to leave the country after noticing that they are being suspected. In the KPK building the person involved may be asked a few question by the investigator and to give the investigator some explanation and clarification about the suspicion. While the person that have the status witness is allowed to come home after the investigation, the suspect will have to stay for the rest of the investigation in the KPK holding cell in the basement of the building. After all the investigation finished, and the suspect status is clear whether he or/and she is guilty or not. The KPK will inform the media by holding a press conference attended by the media and journalist around the archipelago. And if the person involved is stated to be guilty and sentenced to be imprisoned, the person will be taken by the police usually to Sukamiskin Penitentiary, until the guilty verdict is over. The controversy. This method are proven to be very effective. Having said that, there are still many controversy surrounding this KPK method of capturing corruptive person. Some people on the Indonesian house of representative decline this method as according to them, phone tapping is invading their privacies while some others said its O.K. because it’s for the greater good. Although the majority of people are supporting this method. Member of Indonesian house of representative formed a special committee for inquiry rights despite lots of public critics. 1 (Hakim, 2017). This special committee was formed on May 2017. At that time a number of politicians were reportedly annoyed with the disclosure of alleged corruption in the procurement of e-KTP, especially after the arrest of Hanura Party politician Miriam S. Haryani (Sianipar, 2018). This issue should be concerned since the people that are against it made it to the news and other media. And can cause the public opinion to change. Member of the special committee for inquiry rights Agun Gunandjar said that tapping by the KPK is not clear because there are no regulations that regulate its validity (Ibrahim, 2017). This cause some people in the KPK made a statement contrary to the Indonesian house of representative. KPK spokesman Febri Diansyah said that “we must realise that corruption is an extraordinary crime, any procedure that inhibit the investment of corruption case should be minimized so that we must put procedural law for handling corruption cases as lex specialis”. He also stated that this method is allowed as in Pasal 12 Ayat 1 Huruf a UU Tahun 2002 which stated that, in investigation and prosecution KPK have the power to wiretap and record conversations. Tapping and recording the conversations are really affect the success rate of the following “Hand Catch Operation” where the team of KPK directly arrest the suspected person and/or groups. (Egeham, 2018) Proving that the controversies are just “made up” controversy. This controversy are just made up controversy to slow down KPK movement to arrest corrupt individual and/or group. Member of the Indonesian house of representative Aboe Bakar Alhabsyi stated that the problem with this phone tapping is its legal standing. This statement is made clearly without any basis since there is already a regulation for its legal standing. Another member of the Indonesian house of representative Nasir Djamil suggest the KPK to get rid of the corruption and not just the corruptors (Akmal, 2017). That statement from Nasir Djamil isn’t really needed. Because, what KPK is currently doing is eradicating corruption by getting rid of its culprit one by one. It’s just one of the way of getting rid of corruption. Another statement from the special committee for inquiry rights that KPK tapping is often suspected of being misused for its own sake (Ibrahim, 2017). This statement do not have strong evidence. All of the statement are not needed. But the Indonesian house of representative insist to make a revision on the constitution. Deputy Chairperson of the House of Representatives Fahri Hamzah even said the revision is a must and an emergency (Defianti, 2018). The KPK already stated before that KPK phone tapping should not be regulated by another constitution as it already be regulated on UU no 32 Tahun 2002 (Sasongko, 2017). Some said that this the Indonesian house of representative member only thinking about their reputation in public. Some even said that they just don’t want their colleagues or even themselves to be suspected with corruption. Public opinions & Survey about the subject. Majority of peoples are certain about what the special committee for inquiry rights are doing is to weaken KPK. Survey from Saiful Mujani Research & Consulting questioning whether they agree or disagree with the Indonesian house of representative inquiry rights. 65% of people disagreed while 29.5% agreed and 5.5% don’t have the answer. This survey has 2.5% of margin error with the level of trust 95% (Ahmad, 2017). The Indonesian Corruption Watch (ICW) suggest the Indonesian house of representative to consider that 65% people that disagree with their inquiry rights (Arief, 2017). The respondent also questioned about the action from the Indonesian house of representative use of inquiry rights. 51.6% said that their act purpose 2 is to protect their fellow colleagues. While only 4.6% said the contrary. 43.8% didn’t answer the question (Ahmad, 2017). All of the surveys are supported logically by another survey from LSI Danny JA with 1,200 respondent across Indonesia. KPK occupy the 2nd place of trusted institution with 89% while the Indonesian house of representative placed on the 11th place with only 65%. LSI Denny JA Researcher Adrian Sopa said that people think that Indonesian house of representative have no function and corruptions are still roaming in it (Sukmana, 2018). Indonesian house of representative is also rated as the most corrupt institution according to survey from Transparency International Indonesia (TII) with 54% (Kurniawati, 2017). That conclude that people have more trust in KPK compared to Indonesian house of representative. Why is tapping suspect phone is the solution. Phone tapping corrupt suspect is the best solution because it’s the same like predicting a crime long before the crime itself happened. Just like in the movie Minority Report where in the future the police can predict crimes before it happened, even the crime committed by the police themselves (Dick, Frank, & Cohen, 2002). Although it’s a Sci-fi movie, it’s pretty much can visualise phone tapping on corrupt suspect in Indonesia. Indonesian president Joko Widodo even ask the G-20 Nations to follow Indonesia on how to eradicate corruption, as he said that Indonesia can be an example for its activity on fighting corruption (Kuwado, 2016). Tapping Suspect phone is the answer + prove that it’s working. (Include) Phone tapping corrupt suspect has been done since a long time, as it can be used as main evidence to reveal corruptors bad intention and who’s involved, stated by the KPK temporary leader at that time Indriyanto Seno Adji (Movanita, 2015). This method is proven effective as there are many corruption case revealed by it. e.g. KPK on February 2016 has arrested one of Indonesian supreme court official (Erdianto, 2016), Bribery case for regional revenue and expenditure budget plans for Banyuasin with PDIP and Gerindra politician as suspect, PDIP Adriansyah case with a businessman related to personal business license money, Fuad Amin case with 2 other people related to bribery, Akil Mochtar case with former Banten governor Ratu Atut Chosiyah related the re-voting in some of Banten area and Luthfi Hasan Ishaaq case with Ahmad Fathanah related to cattle import quota for PT Indoguna Utama which conversation were tapped and recorded on January 9, 2013, long before they got caught. Part of the conversation is on Arabic language. Luthfis case shows that from phone tapping we can get detailed information from the case to the language the suspect’s speaking (Andwika, 2015). Conclusion: Tapping suspect phone is the key to prevent corruptive individual or group. To sum up, Phone Tapping has made KPK investigation a lot easier. Although it has made some controversies over the past years. There are many advantages supporting this method. The controversies reflect the many corruptors that are afraid of this KPK method to arrest them. Corruptors must act carefully on their sinful act, if not they will get caught by the KPK. Knowing a disaster before it happened is the best way to stop it or save people from the disaster. Thus, phone tapping corrupt suspect is the best way to stop corruption and save the nation from corruption. The prove shows that all of that cases are done by the help of phone tapping. Additionally, support from the public has been astonishing as shown in most surveys. All of that meant that phone tapping corrupt suspect should be allowed, did not violate any rights of the suspect and shouldn’t have to cause any controversies. 3 References Ahmad, S. (2017, June 15). Mayoritas Rakyat Indonesia Menolak Penggunaan Hak Angket DPR untuk KPK. Retrieved from Saiful Mujani Research & Consulting: http://www.saifulmujani.com Akmal, M. (2017, September 26). DPR Tanya Dasar Hukum Penyadapan, Ini Jawaban KPK. Retrieved from SindoNews: https://nasional.sindonews.com Andwika, R. (2015, June 23). Ini kasus kakap yang dibongkar KPK dari hasil penyadapan. Retrieved from Merdeka.com: https://www.merdeka.com Arief, T. M. (2017, June 15). ICW: DPR Mestinya Pertimbangkan 65 Persen Publik Tolak Hak Angket KPK. Retrieved from KumparanNews: https://kumparan.com Defianti, I. (2018, February 2). Fahri Hamzah: Undang-Undang Penyadapan Harus Dibikin, Darurat Itu. Retrieved from Liputan 6: https://www.liputan6.com Dick, P. K., Frank, S., Cohen, J. (Writers), & Spielberg, S. 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KPK: Penyadapan Jadi Alat Bukti Utama Ungkap Kasus Korupsi. Retrieved from Kompas.com: https://nasional.kompas.com Sasongko, J. P. (2017, September 28). KPK Tak Perlu UU Lain Atur Penyadapan. Retrieved from CNN Indonesia: https://www.cnnindonesia.com Sianipar, T. (2018, February 14). Pansus Angket KPK berakhir, ketua DPR Bambang Soesatyo sampaikan 'salam gigit jari'. Retrieved from BBC Indonesia: https://www.bbc.com Sindar, R. T. (2016). Kewenangan Komisi Peberantasan Korupsi Untuk Melakukan Penyadapan Dalam Tindak Pidana Korupsi. Lex Crimen Vol. V, 12-13. Sukmana, Y. (2018, July 31). Survei LSI: DPR, Lembaga Negara dengan Tingkat Kepercayaan Terendah. Retrieved from Kompas.com: https://nasional.kompas.com 4 5
