(Passed on: December 27, 2002)
Commission For The Eradication Of Criminal Acts Of Corruption With The Blessings Of The One God The President Of The Republic Of Indonesia
a. that in the course of realizing a fair, bountiful, and prosperous community under the Panacea and the Constitution of the Republic of Indonesia of 1945, the eradication of criminal acts of corruption has not been optimally implemented.
Therefore, the eradication of corruption needs to be professionally, intensively, and continuously improved, as corruption has had dire consequences on the wealth and the economy of the nation, as well as hampering national development;
B. that government agencies that have handled corruption cases have not been functioning effectively and efficiently in eradicating corruption;
c. that according to article 43 of Law No. 31 of 1999 on the Eradication of Criminal Acts of Corruption, as improved by Law No. 20 of 2001 on Changes in Law No. 31 of 1999, there is a need for the formation of an independent Corruption Eradication Commission to fight against corruption in Indonesia; bawl berdasarkan pertimbangan sebagaimana dimaksud dalam huruf a, huruf b, dan huruf c perlu membentuk Undang-Undang tentang Komisi Pemberantasan Tindak Pidana Korupsi;
1. Article 5 (1) and article 20 of the Constitution of the Republic of Indonesia of 1945;
2. Law No. 8 of 1981 on the Law of Criminal Procedure (State Gazzette of the Republic of Indonesia No. 76 of 1981, also additional State Gazette of the Republic of Indonesia No. 3209);
3. Law No. 28 of 1999 on Government Executives who are Clean and Free from Corruption, Collusion, and Nepotism (State Gazette of the Republic of Indonesia No. 75 of 1999, also additional State Gazette of the Republic of Indonesia No. 3851);
4. Law No. 31 of 1999 on the Eradication of Criminal Acts of Corruption (State Gazette of the Republic of Indonesia No. 140 of 1999, also additional State Gazette of the Republic of Indonesia No. 3874) as improved by Law No. 20 of 2001 on Changes in Law No. 31 of 1999 (State Gazette of the Republic of Indonesia No. 134 of 2001, also Additional State Gazette of the Republic of Indonesia No. 4150); Under the Approval of the Parliament of the Republic of Indonesia And the President of the Republic of Indonesia
A Decision has been made on:
The implementation of: Law on the Commission to Eradicate Criminal Acts of Corruption
Under this Law, the following are assumed:
1. A criminal act of corruption is a criminal act as defined by Law No. 31 of 1999 on the Eradication of Criminal Acts of Corruption, as improved by Law No. 20 of 2001 on the Changes in Law No. 31 of 1999.
2. A Government Executive is as described in Law No. 28 of 1999 on Government Executives who are clean and free from Corruption, Collusion, and Nepotism.
3. The eradication of criminal acts of corruption would be in the form of a chain of actions with the purpose of preventing and eradicating criminal acts of corruption through coordinated efforts, supervision, monitoring, investigations, indictments, prosecutions, and checks at courts, all to be done with as much participation on the part of the general public as the Law allows.
With this Law a Commission for the Eradication of Criminal Acts of Corruption shall be formed, henceforth to be called the Commission for the Eradication of Corruption (KPK).
The KPK is to be a State agency that will perform its duties and authority independently, free from any and all influence.
The KPK is formed with the primary purpose of improving the effectiveness and efficiency of efforts to eradicate criminal acts of corruption.
In the course of performing its tasks and authority, the KPK holds on to principles of:
A. legal certainty;
D. public interest; and
Tasks, Authority, and Obligations
The KPK is tasked with:
A. coordinating with authorized institutions to eradicate corruption;
B. supervising authorized institutions in their activities of eradicating corruption;
C. conducting investigations, indictments, and prosecutions against criminal acts of corruption;
D. preventing criminal acts of corruption; and
E. monitoring the governing of the State.
In performing its task of coordination as outlined in Article 6 (a), the KPK is authorized to:
A. coordinates investigations, indictments, and prosecutions against criminal acts of corruption;
B. implements a reporting system for the purposes of eradicating corruption;
C. request information on acts with him purpose of eradicating corruption from relevant institutions;
D. arrange opinion hearings and meetings with institutions authorized to eradicate corruption; and
E. request for reports from relevant institutions pertaining to the prevention of criminal acts of corruption.
(1) In performing its task of supervision as outlined in Article 6 (b), the KPK is authorized to conduct surveillance, research, and studies on institutions whose tasks and authority are relevant in the fight against corruption, as well as on institutions that perform public service.
(2) In performing its authority as outlined in the previous sub-article (1), the KPK is authorized to take over an indictment or a prosecution process against a corruptor that is at that time being performed by the Police or the Prosecutor’s Office.
(3) Should the KPK takes over an indictment or a prosecution process, the Police or the Prosecutor’s Office is obliged to hand over the suspect along with all the case files and other documents and evidence within 14 working days, since the date the request from the KPK was received.
(4) The process of handing over proceedings to the KPK as outlined in the previous sub-article (3) should be carried out by formulating and signing a hand-over statement so as to ensure that all the tasks and authority of the Police or the Prosecutor’s Office will fall to KPK during the hand-over event.
The process of taking over an indictment or a prosecution process as outlined in Article 8 will be carried out by the KPK should the following conditions prevail:
A. a report by a member of the general public about an act of corruption has been ignored;
B. the processing of the corruption case goes on for too long or is delayed without a valid reason;
C. the handling of the corruption case had been manipulated so as to protect the corruptor;
D. the handling of the corruption case is itself mired by corrupt acts;
E. the corruption case has been hampered by executive, legislative, or judicial interference; or
F. any other circumstances where the Police or the Prosecutor’s Office is unable to carry out the case responsibly and adequately.
Should any circumstances listed in article 9 take place, the KPK will proceed to inform public indicters and prosecutors to take over a corruption case currently being handled.
In performing its tasks as outlined in Article 6 (c), the KPK is authorized to conduct investigations, indictments, and prosecutions against corruption cases that:
a. involve law enforcement officers, government executives, or other parties connected to corrupt acts committed by law enforcement officers or government executives;
B. have attracted the attention and the dismay of the general public; and/or
C. involves a loss to the State of at least Rap 1,000,000,000 (1 billion Rupees).
(1) In performing its investigation, indictment, and prosecution tasks as outlined in Article 6 (c), the KPK is authorized to:
A. tap into communication lines and record conversations;
B. orders the relevant institution to ban an individual(s) from traveling abroad;
C. request information from banks or other financial institutions about the financial details of a suspect or defendant;
D. order banks or other financial institutions to block accounts suspected to harbor the gains of corrupt activities of a suspect, defendant, or other connected parties;
E. orders the superior of a suspect to temporarily terminate the suspect from office;
F. request data on the wealth and tax details of a suspect or defendant from the relevant institutions;
g. temporarily halt financial transactions, trade transactions, and other forms of contract, or to temporarily annul permits, licenses, and concessions owned by suspects or defendants, assuming that preliminary evidence points to connections to a corruption case currently being investigated;
H. request assistance from Interpol Indonesia or the law enforcement institutions of other nations to conduct searches, arrests, and confiscations in foreign countries;
I. request assistance from the Police or other relevant institutions to conduct arrests, confinements, raids, and confiscations in corruption cases currently under investigation.
In performing the prevention tasks as outlined in Article 6 (d), the KPK is authorized to conduct the following preventive measures:
A. to construct lists and conduct checks on reports on the wealth of government executives;
B. to receive reports on, and decide on the status of gratification;
C. to run anti-corruption education programs on every level of education;
D. to design and push for the implementation of a socialization program against criminal acts of corruption;
E. to conduct anti-corruption campaigns for the benefit of the general public;
F. to conduct bilateral or multilateral co-operations in the context of eradicating corruption.
In performing its monitoring tasks as outlined in Article 6 (e), the KPK is authorized to:
A. conduct reviews of the administration management systems of all State institutions;
B. to provide suggestions to the leaders of State agencies should the Kapok’s reviews reveals an administration management system that is prone to corruption;
C. to report to the President, the Parliament, and the State Auditor, should the suggestions of the KPK be ignored by potentially corrupt State agencies.
The KPK is obliged to:
A. provide protection to witnesses or whistle-blowers providing reports and information regarding corrupt acts;
b. provide information to members of the general public who needs assistance in procuring, or have provided help for the KPK in obtaining data relating to the results of Kapok’s prosecutions;
C. to construct a yearly report and convey it to the President, the Parliament, and the State Auditor;
D. to uphold the oath of office;
E. to perform its tasks, authority, and responsibilities according to the principles outlined in Article 5.
Reporting Procedures and Deciding on the Status of Gratification
Each civil servant or government executive who has accepted gratification is obliged to inform the KPK, in the manner outlined as follows:
a. The report shall be delivered in writing in the format of a KPK Reporting Form, along with the document connected to the gratification.
b. The form as mentioned in (a) shall at least contain:
1) The full name and address of the party offering the gratification, and of the party receiving the gratification;
2) The office of the civil servant or the government executive;
3) The place and time the acceptance of the gratification occurred;
4) A description of the gratification received; and
5) The value of the gratification received.
(1) The KPK, within 30 days of receiving a report on gratification, must decide on the status of the ownership of gratification, along with further considerations.
(2) When deciding the ownership status of gratification as meant by the previous sub article
(1) The KPK may summon the receiver of gratification to provide information related to the acceptance of gratification.
(3) The ownership status of gratification as outlined in sub article (1) is to be decided by the Commissioners of the KPK.
(4) The decision of the Commissioners of the KPK as outlined in article (3) could be in the form of deciding upon the ownership status of gratification for the receiver of gratification, or that the gratification will be annexed by the State.
(5) The KPK is obliged to convey the decision on the ownership status of gratification as outlined in Article 4 to the receiver of gratification at the latest seven days since the date the decision has made.
(6) Any gratification annexed by the State must be delivered at the latest seven days since the decision to annex was made.
The KPK is obliged to declare any gratification that has been annexed by the state at least once a year in the State News.
Station, Responsibilities, and Organizational Structure
(1) The KPK is domiciled at the capital of the Republic of Indonesia, whilst its jurisdiction covers the whole area of the Republic of Indonesia.
(2) The KPK is allowed to form proxies in all other provinces.
(1) The KPK is held responsible to the public to perform its duties. The KPK is also obliged to convey reports transparently and regularly to the President, the Parliament, and the State Auditor.
(2) Responsibility to the public as outlined in the previous sub-article (1) is to be expressed in these manners:
A. an obligation to audit Kapok’s own synergy and financial responsibility, in accordance to the Kapok’s work program;
B. provides annual reports;
C. open access to information.
(1) The KPK as outlined in Chapter 3 is composed of:
a. Five Commissioners to act as the leaders of the KPK;
b. A team of advisors composed of five members; and
c. KPK Staff to conduct tasks.
(2) The Leaders of the KPK as outlined in the previous sub-article (1-a) are to be structured in this manner:
a. The Chairman of the KPK, who is also a member of the Commissioners; and
B. Four Vice-chairmen, each a member of the Commissioners.
(3) The Leaders of the KPK as outlined in sub-article (1-a) are government officials.
(4) The Leaders of the KPK as outlined in sub-article (1-a) are public indictors and prosecutors.
(5) The Leaders of the KPK as outlined in sub-article (2) perform their tasks collectively.
(6) The Leaders of the KPK as outlined in sub-article (1-a) are the highest holders of responsibility at the KPK.
(1) The KPK is authorized to elect an Advisory Team as outlined in Article 21 (1-b), from amongst candidates proposed by a selection panel.
(2) A selection panel as outlined in the previous sub-article (1) is to be formed by the KPK.
(3) The selection panel announces the acceptance of new candidates and is active in gathering candidates, who have been invited based on the will and the input of the general public.
(4) Candidates for the Advisory Team as outlined in sub-article (3) must be publicized in order to invite the input of the general public before they are selected and raised into office by the KPK.
(5) After receiving input from the public, the selection panel appoints eight Advisory Team candidates, from which the KPK will select four members.
(6) The activities outlined in the previous sub-articles (1 to 5) must be carried out at the latest three months as of the formation of the selection panel.
The Advisory Team functions to provide suggestions and considerations according to his/her specialty within the KPK in the context of the execution of the Kapok’s tasks and authority.
(1) The Advisory Team as outlined in Article 22 will be composed of Indonesian nationals who have been appointed by the KPK by virtue of their expertise.
(2) KPK Staff as outlined in Article 21 (1-c) will be composed of Indonesian nationals who have been appointed by the KPK by virtue of their skill.
(3) Rules concerning the conditions and procedures governing the appointment of KPK Staff shall be included in future KPK Decisions.
(1) The KPK:
A. decides on policies and organization procedures on the conducting of the Kapok’s duties as well as its authority;
B. appoints and terminates the Head of Department, Head Secretary, Head of Sub department, and other staff within the KPK;
C. decides the criteria under which corruption cases will be handled.
(2) Rules concerning procedural issues of the KPK shall be regulated further through future KPK Decisions.
(1) The KPK Commissioners shall be composed of the Chairman and four Vice chairmen.
(2) The KPK Leaders shall command four Deputies:
A. the Deputy of Prevention;
B. the Deputy of Legal Actions;
C. the Deputy of Information and Data; and
D. the Deputy of Internal Monitoring and Public Complaints.
(3) The Deputy of Prevention shall command these Directorates:
a. The Directorate of Inventorizations and Checks on Reports on the Wealth of Government Executives;
b. The Directorate of Gratification;
c. The Directorate of Public Education and Service;
d. The Directorate of Research and Development.
(4) The Deputy of Legal Actions shall command these Directorates:
a. The Directorate of Investigations;
b. The Directorate of Indictments; and
c. The Directorate of Prosecutions.
(5) The Deputy of Information and Data shall command these Directorates:
a. The Directorate of Information and Data Processing;
b. The Directorate of Fostering Networks between Commissions and Institutions; and
c. The Directorate of Monitoring.
(6) The Deputy of Internal Monitoring and Public Complaints shall command these Directorates:
a. The Directorate of Internal Monitoring;
b. The Directorate of Public Complaints.
(7) The Directorates of Investigations, Indictments, and Prosecutions, each shall command Task Units to serve the functions of each directorate.
(8) Rules regarding the Deputies and each of their Directorates shall be further reviewed and updated by future KPK Decisions.
(1) In performing its tasks and authority, the KPK is assisted by the Secretary General.
(2) The Secretary General shall be appointed and terminated by the President.
(3) Concerning the performance of tasks, the Secretary General shall be responsible to the KPK Commissioners.
(4) Rules concerning the tasks and functions of the Secretary General shall be further reviewed and updated by future KPK Decisions.
The KPK may conduct co-operations with other parties with the purpose of developing and cultivating the KPK Organization.
In order to be eligible to be appointed a KPK Commissioner, a candidate must be:
a. An Indonesian citizen;
B. Devoted to the One God;
c. Physically and mentally fit;
D. Has an undergraduate degree in Law or other degrees of expertise as well as at least fifteen years of experience in areas of Law, Economics, Finance, or Banking;
E. Is at least forty years old and at most sixty-five years old during the year of selection;
f. Has never acted improperly;
G. Is competent, honest, has a high moral integrity, and is of good repute;
H. Is not a caretaker of a political party;
I. Relinquishes all other offices while being a member of the KPK;
j. Does not pursue his/her profession while a member of the KPK;
K. Publicizes his/her wealth according to the prevailing laws.
(1) KPK commissioners as outlined in Article 21 (1-a) shall be selected by the parliament from a pool of candidates offered by the President.
(2) In order to ensure the smoothness of the selection and appointment processes of the KPK Commissioners, the Government appoints a selection committee to implement the rules of this Law.
(3) The membership of the committee outlined in the previous sub-article (2) shall be composed of government and private individuals.
(4) When formed, the selection committee as outlined in (3) shall announce the candidate selection.
(5) The recording process of candidates shall be performed in fourteen consecutive working days.
(6) The selection committee shall invite the public for feedback concerning the candidates as outlined in (4).
(7) Feedback as outlined in (6) must be conveyed to the selection committee at the latest one month after the announcement had been made.
(8) The selection committee shall decide the names of candidates to be presented to the President.
(9) As late as fourteen days since the list of candidate names has been received by the President, he/she shall convey twice the amount of possible members to the Parliament.
(10) The Parliament is obliged to appoint five candidates as outlined in Article 9, within three months of accepting the President’s counsel.
(11) The Parliament is obliged to decide among the candidates as outlined in the previous sub-article (10), one Chairman and four Vice-chairmen of the KPK.
(12) The appointed candidates shall be conveyed back to the President as late as seven days since appointment has been made, to then be legalized by the President.
(13) The President is obliged to legalize the appointed candidates as late as thirty days since receiving the Parliament’s letter conveying the appointed candidates’ names.
The process of candidacy and appointment of KPK members as outlined in Article 30 shall be carried out transparently.
(1) A Commissioner shall leave office when:
a. He/she passes on from this world;
B. His/her term of office has ended;
c. He/she becomes convicted of a criminal act;
d. He/she is unable to perform for more than three consecutive months;
e. He/she resigns; or
f. He/she violates this Law and therefore has to leave office.
(2) When a KPK Commissioner becomes a suspect of a criminal act, he/she shall be temporarily relinquished from office.
(3) Termination as outlined in sub-articles (1) and (2) shall be decided on by the President.
(1) Should at any time the office of the Commissioners is empty, the President shall suggest candidates for replacement to the Parliament.
(2) The procedure for the selection and appointment of replacement candidates shall be carried out as outlined in Articles 29, 30, and 30.
The Commissioners of the KPK shall hold office for a term of four years, and may be reappointed for one term.
(1) Before holding office, the Chairman and Vice-chairmen of the KPK shall swear by his/her religion before the President.
(2) The swear/oath as outlined in (1) shall be:
“I do solemnly swear/promise to perform this task, directly or indirectly, under any name or manner, to not give or promise any manner of thing to anyone”.
“I do solemnly swear/promise that I, in the course of performing my duties, will never receive directly or indirectly any manner of thing or promise from anyone”.
“I do solemnly swear/promise that I will remain loyal to and uphold and practice the Panacea as the foundation of the State, the Constitution of the Republic of Indonesia of 1945, and the prevailing laws and regulations of the Republic of Indonesia”.
“I do solemnly swear/promise that I will always perform my duties and authority seriously, thoroughly, objectively, honestly, courageously, justly, without discriminating by rank, tribe, religion, race, gender, and certain classifications and will perform my obligations to the best of my abilities, being fully responsible to the One True God, the people, the nation, and the State”.
“I do solemnly swear/promise that I will always refuse or decline to accept or decline to be influenced by the interventions of anyone and that I will remain firm to the performance of my duties and authority as has been bestowed by the Law to me”.
KPK Commissioners are disallowed from:
a. Engaging in direct or indirect communication with a suspect or other party involved with a corruption case being handled by the KPK under any circumstances;
b. Handling a corruption case where the suspect is related to a member of the KPK;
c. Holding office as commissioner or director of a company, institution, the caretaker of an operas, or other professions and activities connected with the aforementioned offices.
The rules as outlined in Article 36 also apply to the Advisory Team and other staff of the KPK.
Investigations, Indictments, and Prosecutions
(1) All authority related to investigations, indictments, and prosecutions outlined in Law No. 8 of 1981 on the Law of Criminal Procedure apply to the investigators, indictors, and general prosecutors of the KPK.
(2) The rules as outlined in Article 7 (2) of Law No. 8 of 1981 on the Law of Criminal Procedure do not apply to KPK indicters as decided by this Law.
(1) Investigations, indictments, and prosecutions of criminal acts of corruption shall be carried out according to the Law of Criminal Procedure and based on Law No. 31 of 1999 on the Eradication of the Criminal Act of Corruption, as improved by Law No. 20 of 2001 on Changes in Law No. 31 of 1999, except as decided on in this Law.
(2) Investigations, indictments, and prosecutions as outlined in the previous sub-article (1) shall be carried out under the order of, and in the name of the KPK.
(3) Investigators, indictors, and general prosecutors who hold office at the KPK are temporarily relinquished of their duties at Police institutions and the Prosecutor’s Office while they are under the employ of the KPK.
The KPK is not authorized to issue a letter to order the halting of the process of indictments and prosecutions against a corruption case.
The KPK is allowed to engage in co-operating in the context of investigations, indictments, and prosecutions against corruption cases with the law enforcement institutions of foreign nations, holding fast to the the prevailing Laws or based on international agreements that the government of Indonesia is party to.
The KPK is authorized to coordinate and control investigations, indictments, and prosecutions against corruption committed by individuals who are under the jurisdiction of military and public justice.
Part Two- Investigations
(1) An investigator of the KPK is appointed and terminated by the KPK.
(2) An investigator as outlined in (1) is tasked with the function of investigating criminal acts of corruption.
(1) If investigators, during an investigation, uncover preliminary evidence positively identifying a criminal act of corruption, they must report back to the KPK within seven days since the discovery of such evidence.
(2) Preliminary evidence is considered to positively identify a corrupt act if: at least two material evidence has been discovered, including but not limited to information or data that is uttered, sent, accepted, or kept electronically, optically, or normally.
(3) Should an investigator, during an investigation, does not positively identify enough preliminary evidence as outlined in (1), he/she shall report back to the KPK, who in turn shall cease the investigation process.
(4) Should an event as outlined in (3) occur and the KPK is of the opinion that investigations should continue, the KPK may engage in its own investigation or delegate that task to investigators from the Police or the Prosecutor’s Office.
(5) Should an investigation be delegated to the Police or the Prosecutor’s Office as outlined in (4), the Police and the Prosecutor’s Office are obliged to coordinate and report back to the KPK on the developments of the investigation.
(1) An indictor of the KPK is appointed and terminated by the KPK.
(2) An indictor as outlined in (1) is tasked with the function of indicting criminal acts of corruption.
(1) Should an individual be suspected of committing a corrupt act by the KPK, since the date he/she is recorded to be a suspect, all special procedures that would apply under other Laws concerning checks made on the suspect shall not apply under this Law.
(2) Checks on the suspect as outlined in (1) should be done without compromising the rights of the suspect.
(1) Under strong suspicion that positive identification will be discovered, an indictor may confiscate evidence without the authorization of the Head of the District Court, in the course of that indictor’s duties.
(2) Rules that normally apply under Laws regulating confiscations shall not apply under this Law.
(3) An indictor as outlined in (1) is obliged to record the process of confiscation on the day the confiscation took place. The record must include:
A. the name, type, and amount of the material, or valuables being confiscated;
B. information on the place, time, day, date, month, and year the confiscation was made on;
C. information on the owner or possessor of the materials or valuables being confiscated;
D. the signature and identity of the indictor performing the confiscation; and
E. the signature and identity of the owner or possessor of the materials or valuables being confiscated.
(4) A copy of the confiscation report as outlined in (3) shall be conveyed to the suspect or his/her family.
In the interest of the indictment process, the suspect is obliged to provide information on his overall wealth and the wealth of his/her spouse, child, or the wealth of all individuals or corporations known to be, or suspected to be, related to the corrupt acts of the suspect, to the indictor.
When the indictment process is considered to be finished, the indictor shall formulate a report to be conveyed to the KPK Commissioners to invite further action.
(1) When a corruption case is found out and the KPK has not commenced its indictment process, while the case is being indicted by the Police or the Prosecutor’s Office, that institution is obliged to inform the KPK at the latest fourteen days since the commencement of the indictment process.
(2) An indictment process being conducted by the Police or the Prosecutor’s Office as outlined in (1) must be coordinated continuously with the KPK.
(3) When the KPK has already commenced its indictment process as outlined in (1), the Police or the Prosecutor’s Office no longer has the authority to conduct an indictment process.
(4) When an indictment process is being conducted concurrently by the Police and/or the Prosecutor’s Office and the KPK, the process conducted by the Police or the Prosecutor’s Office shall cease immediately.
(1) A general prosecutor of the KPK is appointed and terminated by the KPK.
(2) A general prosecutor as outlined in (1) is tasked with the function of prosecuting criminal acts of corruption.
(3) A prosecutor as outlined in (1) is for all intents and purposes a General Prosecutor.
(1) A general prosecutor, after r