draft uu tipikor

DRAFT
LAW OF THE REPUBLIC OF INDONESIA
NUMBER … YEAR …
CONCERNING
COMMISSION ON ERADICATION OF CORRUPTION CRIMES

HOUSE OF PEOPLE’S REPRESENTATIVES OF THE REPUBLIC OF INDONESIA

WITH THE BLESSING OF THE ALMIGHTY GOD
THE PRESIDENT OF THE REPUBLIC OF INDONESIA

Considering:
a. that in order to realize a just and prosperous society based on Pancasila and 1945 Constitution, the eradication of corruption crimes until this time has not been optimal. Therefore it is necessary to be made more professional, more intensive and continual because corruption has caused damage to the State’s finance, the State’s economy and impeded the national development;
b. that the government agency handling the cases of corruption crimes has not been functioning effectively in eradicating the corruption crimes;
c. that in accord with the stipulation of Section 43 of law Number 31 Year 1999 concerning the Eradication of Corruption Crimes as amended with Law Number 20 Year 2001 concerning Amendment to Law Number 31 Year 2001 concerning Eradication of Corruption Crimes, it is necessary to set up an independent Commission on Eradication of Corruption Crimes with the task and authority to eradicate corruption crimes;
d. that based on the consideration as referred to in letters a, b, and c, it is necessary to make a Law on the Commission on Eradication of Corruption Crimes;

Recalling:
1. Section 5 paragraph (1), Section 20 paragraph (2) of 1945 Constitution;
2. Law Number 8 Year 1981 concerning Criminal Law Procedure (Republic of Indonesia’s Government Official Gazette Year 1981 Number 76, Annex to Government Official Gazette Number 3209);
3. Law Number 28 Year 1999 concerning the State Administrator That Is Clean and Free of Corruption, Collusion and Nepotism (Republic of Indonesia’s Government Official Gazette Year 1999 Number 75, Annex to Government Official Gazette Number 3851);
4. Law Number 31 Year 1999 concerning Eradication of Corruption crimes (Republic of Indonesia’s Government Official Gazette Year 1999 Number 140, Annex to Government Official Gazette Number 3874) as amended with Law Number 20 Year 2001 concerning Amendment to Law Number 31 Year 1999 concerning Eradication of Corruption Crimes (Republic of Indonesia’s Government Official Gazette Number 4150);

With joint approval of:

THE REPUBLIC OF INDONESIA’S HOUSE OF PEOPLE’S REPRESENTATIVES
and
THE PRESIDENT OF REPUBLIC OF INDONESIA

HAS DECIDED:

To stipulate:
LAW CONCERNING COMMISSION ON ERADICATION OF CORRUPTION CRIMES.

CHAPTER I
GENERAL PROVISION
In this Law:

Section 1
1. Corruption crimes shall mean the corruption crimes as referred to in Law Number 31 Year 1999 concerning the Eradication of Corruption Crimes as amended with Law Number 20 Year 2001 concerning Amendment to Law Number 31 Year 1999 concerning Eradication of Corruption Crimes.
2. State Administrator shall mean the State administrator as referred to in Law Number 28 Year 1999 concerning the State Administrator That Is Clean and Free of Corruption, Collusion and Nepotism.
3. Eradication of Corruption Crimes shall mean a series of actions to prevent and fight corruption through coordination, supervision, monitoring, examination, investigation, prosecution and hearing in court, along with the community’s participation by virtue of the prevailing legislation.

Section 2
This Law has set up a Commission on Eradication of Corruption Crimes hereinafter referred to as the Commission on Eradication of Corruption.

Section 3
The Commission on Eradication of Corruption is a State institution being independent in carrying out its task and authority, and free from the influence of any power.

Section 4
The Commission on Eradication of Corruption is set up with the purpose of enhancing the efficiency and effectiveness of the eradication of corruption crimes.

Section 5
In carrying out its task and authority, the Commission on Eradication of Corruption shall hold to the principles of:
a. legal certainty;
b. transparency;
c. accountability;
d. public interest; and
e. proportionality.

CHAPTER II
TASK, AUTHORITY AND OBLIGATION

Section 6
The Commission on Eradication of Corruption has the task of:
a. making coordination with agencies authorized to carry out the eradication of corruption crimes;
b. supervising agencies authorized to carry out the eradication of corruption crimes;
c. carrying out examination, investigation and prosecution against corruption crimes;
d. taking preventive measures against corruption crimes; and
e. monitoring the state governance.

Section 7
In exercising the task of coordination as referred to in Section 6 letter a, the Commission on Eradication of Corruption is authorized:
a. to coordinate examination, investigation and prosecution of corruption crimes;
b. to establish a reporting system in the eradication of corruption crimes;
c. to ask information on the eradication of corruption crimes from related agencies;
d. to hold a public hearing or meeting with agencies authorized to carry out the eradication of corruption crimes; and
e. to ask the related agencies’ reports on the prevention of corruption crimes.

Section 8
(1) In exercising the task of supervision as referred to in Section 6 letter b, the Commission on Eradication of Corruption is authorized to carry out supervision, research or analysis over agencies exercising the task and authority related to the eradication of corruption crimes and agencies delivering public services.
(2) In exercising the authority as referred to in paragraph (1), the Commission on Eradication of Corruption is also authorized to take over an investigation or prosecution against the perpetrator of a corruption crime being handled by the police or the office of the counsel for prosecution.
(3) Should the Commission on Eradication of Corruption take over an investigation or prosecution, the police or the office of the counsel for prosecution shall hand over the suspect and the entire lawsuit files along with the evidence and other necessary documents no later than 14 (fourteen) workdays after receipt of a request from the Commission on Eradication of Corruption.
(4) The handover as referred to in paragraph (2) shall be carried out through drawing up and signing an official report on handover. Thus, all the task and authority of the police or the office of the counsel for prosecution will devolve upon the Commission on Eradication of Corruption at the time of handover.

Section 9
The Commission on Eradication of Corruption will take over the investigation and prosecution as referred to in Section 8 because:
a. the people’s report on a corruption crime is not followed up;
b. the process of handling a case of corruption crime is protracted or delayed without any justifiable reason;
c. the handling of corruption crimes is intended to protect the actual perpetrator of the corruption crime;
d. the handling of corruption crimes carries the elements of corruption;
e. the handling of corruption crimes is hindered by intervention of the executive, judicial or legislative; or
f. a corruption crime cannot be handled properly due to another condition, which, according to the judgment of the police or the office of the counsel for prosecution, is difficult to carry out properly and in a justifiable manner.

Section 10
If any of the reasons as referred to in Section 9 is found the Commission on Eradication of Corruption shall inform the investigator or public prosecutor about taking over the case of corruption crime being handled.

Section 11
In exercising the task as referred to in Section 6 letter c, the Commission on Eradication of Corruption is authorized to carry out examination, investigation and prosecution of corruption crimes that:
a. involve a law enforcement apparatus, a state administrator and any other person connected with the corruption crime committed by the law enforcement apparatus or state administrator;
b. attract the attention disturbing the public; and/or
c. relate to the state’s loss of at least Rp.1,000,000,000.00 (one billion rupiah).

Section 12
(1) In carrying out the task of examination, investigation and prosecution as referred to in Section 6 letter c, the Commission on Eradication of Corruption is authorized:
a. to tap and record conversations;
b. to order the related agency to forbid a person from going abroad;
c. to ask information from a bank or other financial institution on financial condition of the suspect or the accused being examined;
d. to order the bank to freeze the account of the suspect or the accused or another related party, allegedly containing a result of corruption;
e. to order the employer or superior of the suspect in case of corruption crime to temporarily dismiss the suspect from his/her position;
f. to ask for data on the riches and taxation of the suspect or the accused from related agencies;
g. to temporarily stop a financial transaction, trade transaction and another agreement or temporarily revoke a permit, license and a concession executed or owned by the suspect or the accused with sufficient initial evidence allegedly related to the corruption crime being examined;
h. to ask for assistance from Indonesia’s Interpol or the law enforcement agency in another country to search, arrest and seize the objects of crime evidence overseas;
i. to ask assistance from the police or other related agencies for arrest, detention, search and confiscation in a case of corruption crime in hand.

Section 13
In carrying out the task of prevention as referred to in Section 6, letter d, the Commission on Eradication of Corruption is authorized to take preventive steps or measures as follows:
a. to carry out the registration and examination of state administrators’ reports on their riches;
b. to receive reports and determine the status of gratification;
c. to conduct anti-corruption educational programs at each educational level;
d. to design and stimulate the accomplishment of a program for socializing the eradication of corruption crimes;
e. to carry out an anti-corruption campaign to the general public;
f. to make bilateral and multilateral cooperation in the eradication of corruption crimes.

Section 14
In carrying out the task of monitoring as referred to in Section 6, letter e, the Commission on Eradication of Corruption is authorized:
a. to review the administrative management system in all state and government institutions;
b. to give suggestion to the chairmen of state and government institutions to make a revision if based on the review result the administrative management system has potential for corruption;
c. to report to the President of the Republic of Indonesia, the House of People’s Representatives of the Republic of Indonesia and the Supreme Audit Council if the Commission on Eradication of Corruption’s suggestion for revision is not taken into account.

Section 15
The Commission on Eradication of Corruption has the obligation:
a. to provide protection for the witness or reporting person that submits a report, or gives information on the occurrence of a corruption crime;
b. to provide information to people in need or to provide assistance for obtaining other data related to the prosecution of a corruption crime in hand;
c. to draw up an annual report and submit it to the President of the Republic of Indonesia, the House of People’s Representatives of the Republic of Indonesia, and the Supreme Audit Council;
d. to enforce the oath of office;
e. to carry out its task, responsibilities and authority based on the principles as referred to in Section 5.

CHAPTER III
PROCEDURES FOR REPORTING AND DETERMINATION OF THE STATUS OF GRATIFICATION

Section 16
Any government employee or state administrator receiving gratification shall report to the Commission on Eradication of Corruption with the following procedures:
a. The report is presented in writing filling in a form as specified by the Commission on Eradication of Corruption and gratification-related documents are attached thereto.
b. The form as referred to in letter a should at least contain:
1) full name and address of the recipient and giver of gratification;
2) position of government employee or state administrator;
3) place and time of the receipt of gratification;
4) details of the type of gratification received; and
5) amount of gratification received.

Section 17
(1) The Commission on Eradication of Corruption within at the longest 30 (thirty) working days since the date of report receipt shall determine the status of gratification ownership along with considerations.
(2) In determining the status of gratification ownership as referred to in paragraph (1) the Commission on Eradication of Corruption may summon the gratification recipient to give information related to the receipt of gratification.
(3) The gratification ownership status as referred to in paragraph (1) shall be stipulated with a decree of the Commission on Eradication of Corruption’s Chairperson.
(4) The decree of the Commission on Eradication of Corruption’s Chairperson as referred to in paragraph (3) may take the form of a stipulation of the status of gratification ownership for the beneficiary or as state-owned.
(5) The Commission on Eradication of Corruption shall give its decree on the status of gratification ownership as referred to in paragraph (4) to the gratification recipient at the longest 7 (seven) working days since the date of stipulation.
(6) The delivery of gratification having been owned by the state to the Minister of Finance shall be made at the longest 7 (seven) working days since the date of stipulation.

Section 18
The Commission on Eradication of Corruption shall announce the gratification stipulated as state-owned at least once a year in the Government Official Gazette.

CHAPTER IV
DOMICILE, RESPONSIBILITY AND ORGANIZATIONAL STRUCTURE

Section 19
(1) The Commission on Eradication of Corruption is domiciled in the state capital of the Republic of Indonesia and its jurisdiction covers all the state territory of the Republic of Indonesia.
(2) The Commission on Eradication of Corruption may set up representative offices in provincial regions.

Section 20
(1) The Commission on Eradication of Corruption is responsible to the public for the implementation of its task and shall submit periodic and transparent reports to the President of the Republic of Indonesia, the House of People’s Representatives of the Republic of Indonesia and the Supreme Audit Council.
(2) The public accountability as referred to in paragraph (1) shall be carried out through:
a. obligatory audit of the financial performance and accountability in accord with the work program;
b. issuing annual reports;
c. opening access to information.

Section 21
(1) The Commission on Eradication of Corruption as referred to in Section 3 shall comprise:
a. Management of the Commission on Eradication of Corruption comprising 5 (five) Members of the Commission on Eradication of Corruption;
b. Advisory Team comprising 4 (four) members; and
c. employees of the Commission on Eradication of Corruption as task implementers.
(2) The Management of Commission on Eradication of Corruption as referred to in paragraph (1) letter a shall have the following formation:
a. Chairperson of the Commission on Eradication of Corruption doubling as Member; and
b. Deputy Chairpersons of the Commission on Eradication of Corruption comprising 4 (four) persons, each doubling as Members.
(3) The Management of Commission on Eradication of Corruption as referred to in paragraph (1) letter a shall be State officials.
(4) The Management of Commission on Eradication of Corruption as referred to in paragraph (2) shall work collectively.
(5) The Management of Commission on Eradication of Corruption as referred to in paragraph (1) letter a shall become the responsible persons at the highest level in the Commission on Eradication of Corruption.

Section 22
(1) The Commission on Eradication of Corruption has the authority to appoint an Advisory Team as referred to in Section 21, paragraph (1) letter b nominated by an election screening committee.
(2) The election screening committee as referred to in paragraph (1) shall be set up by the Commission on Eradication of Corruption.
(3) The election screening committee shall announce the admission of candidates and gather member candidates in accordance with the desire of and input from the public.
(4) The member candidates for the Advisory Team proposed by the election screening committee as referred to in paragraph (3) shall be announced first to the public for response before being assigned and appointed by the Commission on Eradication of Corruption.
(5) After having a response from the public, the election screening committee shall propose 10 (ten) member candidates for the Advisory Team to the Commission on Eradication of Corruption for selection of 4 (four) members.
(6) The activities as referred to in paragraphs (1), (2), (3), (4) and (5) shall be carried out at the longest 3 (three) months as from the date of setting up the election screening committee.

Section 23
The Advisory Team shall perform the function of providing advice and judgment in accordance with its expertise to the Commission on Eradication of Corruption in implementing the Commission on Eradication of Corruption’s task and authority.

Section 24
(1) The Advisory Team’s members as referred to in Section 22 shall be Indonesian citizens appointed due to their expertise by the Commission on Eradication of Corruption.
(2) Employees of the Commission on Eradication of Corruption as referred to in Section 21, paragraph (1) letter c shall be Indonesian citizens appointed due to their specialization by the Commission on Eradication of Corruption.
(3) Stipulation on the requirements and procedure for the appointment of Commission on Eradication of Corruption’s employees shall be provided further with a Decree of the Commission on Eradication of Corruption.

Section 25
(1) The Commission on Eradication of Corruption shall:
a. establish the organizational policy and working system with regard to the implementation of Commission on Eradication of Corruption’s task and authority;
b. appoint and dismiss the Division Head, Secretariat Head, Subdivision Head and employees working in the Commission on Eradication of Corruption;
c. determine the criteria of handling the corruption crimes.
(2) Further stipulation on the procedure for the Commission on Eradication of Corruption’s working system shall be determined with a Decree of the Commission on Eradication of Corruption.

Section 26
(1) Formation of the Commission on Eradication of Corruption shall comprise a Chairperson of the Commission on Eradication of Corruption and 4 (four) Deputy Chairpersons of the Commission on Eradication of Corruption.
(2) The Commission on Eradication of Corruption as referred to in paragraph (1) shall be in charge of 4 (four) divisions comprising:
a. Prevention Division;
b. Action Division;
c. Information and Data Division; and
d. Internal Supervision and Public Complaint Division.
(3) The Prevention Division as referred to in paragraph (2) letter a shall be in charge of:
a. Subdivision for Registration and Examination of Reports on State Administrators’ Riches;
b. Education and Public Service Subdivision; and
c. Research and Development Subdivision.
(4) The Action Division as referred to in paragraph (2) letter b shall be in charge of:
a. Examination Subdivision;
b. Investigation Subdivision; and
c. Prosecution Subdivision.
(5) The Information and Data Division as referred to in paragraph (2) letter c shall be in charge of:
a. Information and Data Processing Subdivision;
b. Subdivision for Fostering the Networks between Commissions and Agencies.
(6) The Internal Supervision and Public Complaint Division as referred to in paragraph (2) letter d shall be in charge of:
a. Internal Supervision Subdivision;
b. Public Complaints Subdivision.
(7) Each of the Examination, Investigation and Prosecution Subdivisions shall be in charge of several Task Forces in accord with the need of the Subdivision.
(8) Further stipulation on the task of Divisions and each Subdivision as referred to in paragraphs (2), (3), (4), (5), (6) and (7) shall be determined with a Decree of the Commission on Eradication of Corruption.

Section 27
(1) In carrying out its task and authority, the Commission on Eradication of Corruption shall be assisted by a Secretariat General chaired by a Secretary General.
(2) The Secretary General as referred to in paragraph (1) shall be appointed and dismissed by the President of the Republic of Indonesia.
(3) In exercising his task, the Secretary General shall be responsible to the Chairperson of the Commission on Eradication of Corruption.
(4) Further stipulation on the task and function of the Secretariat General shall be determined with a Decree of the Commission on Eradication of Corruption.

Section 28
The Commission on Eradication of Corruption may enter into cooperation in the scheme of developing and fostering the organization of Commission on Eradication of Corruption.

CHAPTER V
MANAGEMENT OF THE COMMISSION ON ERADICATION OF CORRUPTION

Section 29
The requirements for appointing Management of the Commission on Eradication of Corruption are as follows:
a. citizen of the Republic of Indonesia;
b. devoted to the Almighty God;
c. physically and spiritually healthy;
d. having a diploma of master’s degree in law or another discipline with expertise and experience of at least 15 (fifteen) years in the field of law, economy, finance or banking;
e. having been at least 40 (forty) years old and at the most 65 (sixty five) years old at the time of election process;
f. never committed disgraceful act;
g. capable, honest, having a high moral integrity and a good reputation;
h. not a board member of a political party;
i. having resigned from structural or functional, and or other positions as long as being a member of the Commission on Eradication of Corruption; or
j. having resigned from his/her profession as long as being a member of the Commission on Eradication of Corruption;
k. having announced his/her riches in accordance with the prevailing legislation.

Section 30
(1) The Management of Commission on Eradication of Corruption as referred to in Section 21, paragraph (1), letter a shall be elected by the House of People’s Representatives of the Republic of Indonesia based on the number of member candidates nominated by the President of the Republic of Indonesia.
(2) To smooth the election and decision on the Management of Commission on Eradication of Corruption, the Government shall set up a screening committee with the task of carrying out the stipulation provided in this Law.
(3) Membership of the Screening Committee as referred to in paragraph (2) shall comprise representatives of the Government and of society.
(4) After being set up, the screening committee as referred to in paragraph (3) shall announce the admission of candidates.
(5) Registration of the candidates shall be carried out within 14 (fourteen) uninterrupted working days.
(6) The screening committee shall announce it to the public for a response to the candidate names as referred to in paragraph (4).
(7) The response as referred to in paragraph (6) shall be conveyed to the screening committee at the latest 1 (one) month as from the date of announcement.
(8) The screening committee shall decide the names of candidates for Management and submit them to the President of the Republic of Indonesia.
(9) At the longest 14 (fourteen) working days since the date of receiving the list of candidates’ names from the screening committee, the President of the Republic of Indonesia shall convey the names of candidates as referred to in paragraph (8) twice the required number of positions to the House of People’s Representatives of the Republic of Indonesia.
(10) The House of People’s Representatives of the Republic of Indonesia shall elect and decide the necessary candidates as referred to in paragraph (9) within at the longest 3 (three) months since the date of receiving the proposal from the President of the Republic of Indonesia.
(11) The names of elected candidates shall be submitted by the House of People’s Representatives of the Republic of Indonesia to the President no later than 7 (seven) working days as from the closing date of the election to be ratified by the President as Head of the State.
(12) The President is under an obligation to determine the elected candidates no later than 30 (thirty) working days since the date of receiving the letter from the chairperson of the House of People’s Representatives of the Republic of Indonesia.

Section 31
The process of nominating and electing candidates for members of the Commission on Eradication of Corruption as referred to in Section 30 shall be carried out in a transparent manner.

Section 32
(1) The Commission on Eradication of Corruption’s Management members shall resign or be dismissed because of:
a. death;
b. expired term of office;
c. becoming a suspect in a crime;
d. permanently inactive or continually unable to carry out his/her task for more than 3 (three) months;
e. resignation; or
f. subjected to a sanction by virtue of this Law.
(2) In the event that a Management Member of the Commission on Eradication of Corruption becomes a suspect in a crime, he/she will be dismissed temporarily from his/her office.
(3) The President of the Republic of Indonesia shall stipulate the dismissal as referred to in paragraph (1) and paragraph (2).

Section 33
(1) In the case of vacancy for the Management of Commission on Eradication of Corruption, the President of Republic of Indonesia shall propose substituting candidates to the House of People’s Representatives of the Republic of Indonesia.
(2) The procedure for proposing the substituting candidates and electing the member candidates concerned shall be carried out in accordance with the provisions as referred to in Sections 29, 30 and 31.

Section 34
The Commission on Eradication of Corruption’s Management members shall hold the office for 4 (four) years and can be reelected only for another term of office.

Section 35
(1) Before holding office, the Chairperson and Deputy Chairpersons of Commission on Eradication of Corruption shall take an oath/pledge according to their own religion in front of the President of the Republic of Indonesia.
(2) The oath/pledge as referred to in paragraph (1) shall read as follows:
“I vow/promise in truthfulness that I shall not, in carrying out this task, directly or indirectly, in any name or manner, give or pledge anything to whomever”.
“I vow/promise that I shall not, in carrying out or in refraining from doing anything in this task, accept directly or indirectly from whomever a promise or gift.”
“I vow/promise that I will be faithful to and will defend and live in accord with Pancasila as the foundation of the State, the Republic of Indonesia’s 1945 Constitution and the legislation prevailing in the State of Republic of Indonesia”.
“I vow/promise that I will always carry out this task and authority earnestly, thoroughly, objectively, honestly, bravely, fairly, not discriminating in favor of or against official positions, tribes, religions, races, genders, and certain groups and will carry out my obligations to the best of my capability being fully responsible to the Almighty God, the people, nation and state”.
“I vow/promise that I will always refuse or reject or be unwilling to be influenced by interference of any person and I will remain firm in carrying out my task and authority mandated by the Law”.

Section 36
The members of Commission on Eradication of Corruption’s Management are forbidden from:
a. making a direct or indirect contact with the suspect or another party related to a corruption criminal case being handled by the Commission on Eradication of Corruption for any reason whatsoever;
b. handling a corruption criminal case whose perpetrator has family relationship, either lineal or by marriage, in a straight line up or down to the third degree with the member of the Commission on Eradication of Corruption concerned;
c. holding the position in the Board of Commissioners or Board of Directors of a company, the management of a foundation, the supervisor or manager of a cooperative, and other professional jobs or in another activity related to the position;

Section 37
The stipulation as referred to in Section 32 shall also apply to the Advisory Team and all the employees assigned in the Commission on Eradication of Corruption.

CHAPTER VI
EXAMINATION, INVESTIGATION AND PROSECUTION
Part One
General

Section 38
(1) Any authority relating to the examination, investigation and prosecution provided in Law Number 8 Year 1981 concerning the Criminal Law Procedure shall also apply to the examiner, investigator, and public prosecutor in the Commission on Eradication of Corruption.
(2) The stipulation as referred to in Section 7 paragraph (2) of Law Number 8 Year 1981 concerning Criminal Law Procedure does not apply to the investigator of corruption crimes as determined in this Law.

Section 39
(1) Examination, investigation and prosecution of corruption crimes are carried out by virtue of the prevailing criminal law procedure and by virtue of Law Number 31 Year 1999 concerning Eradication of Corruption Crimes as amended with Law Number 20 Year 2001 concerning Amendment to Law Number 31 Year 1999 concerning Eradication of Corruption Crimes, unless otherwise stipulated in this Law.
(2) Examination, investigation and prosecution as referred to in paragraph (1) shall be carried out by order of and for and on behalf of the Commission on Eradication of Corruption.
(3) Examiners, investigators and public prosecutors working for the Commission on Eradication of Corruption shall be laid off temporarily from the police institution and office of the counsel for prosecution as long as serving as employees of the Commission on Eradication of Corruption.

Section 40
The Commission on Eradication of Corruption is not authorized to issue a letter of order to stop an investigation and prosecution of a case of corruption crime.

Section 41
The Commission on Eradication of Corruption may enter into cooperation in the examination, investigation and prosecution of a corruption crime with the law enforcement agency of another country in accord with the prevailing legislation or by virtue of an international convention already ratified by the Government of Republic of Indonesia.

Section 42
The Commission on Eradication of Corruption is authorized to coordinate and control the examination, investigation and prosecution of a corruption crime perpetrated jointly by people that are subject to the military court and the general court.

Part Two
Examination

Section 43
(1) Examiner is an employee of the Commission on Eradication of Corruption appointed and dismissed by the Commission on Eradication of Corruption.
(2) The examiner as referred to in paragraph (1) shall perform the function of examining corruption crimes.

Section 44
(1) If the examiner in carrying out an examination has found sufficient initial evidence of a corruption crime, hence within at the latest 7 (seven) workdays as from the finding of such sufficient initial evidence, the examiner shall give a report to the Commission on Eradication of Corruption.
(2) Sufficient initial evidence is considered existing if there have been found at least 2 (two) objects of evidence, including but not limited to information or data being spoken, sent, received, or stored in a regular manner as well as electronic or optical device.
(3) In the event that the examiner when carrying out his/her task did not find any sufficient initial evidence as referred to in paragraph (1), the examiner shall give a report thereon to the Commission on Eradication of Corruption and the Commission on Eradication of Corruption shall stop the examination.
(4) In the event that the Commission on Eradication of Corruption is of the opinion that the case should be continued the Commission on Eradication of Corruption may carry out the investigation by itself or delegate the case to an investigator of the Police or Office of the Counsel for Prosecution.
(5) In the case of an investigation delegated to the Police or office of the counsel for prosecution as referred to in paragraph (4), the Police or the Office of the Counsel for Prosecution shall constantly carry out coordination and report the development thereof to the Commission on Eradication of Corruption.

Part Three
Investigation

Section 45
(1) Investigator is an employee of the Commission on Eradication of Corruption appointed and dismissed by the Commission on Eradication of Corruption.
(2) The investigator as referred to in paragraph (1) shall perform the function of investigating corruption crimes.

Section 46
(1) In the event that a person was determined as a suspect by the Commission on Eradication of Corruption, hence as from the date of such determination, special procedures that apply to the investigation of a suspect provided in other legislation shall not be applicable by virtue of this Law.
(2) The examination of the suspect as referred to in paragraph (1) shall be carried out without prejudice to the suspect’s rights.

Section 47
(1) Based on a strong allegation of sufficient initial evidence, the investigator may carry out confiscation without permit from Chairperson of the District Court relating to his/her task of investigation.
(2) Stipulation of the prevailing legislation governing the action of confiscation shall not be applicable by virtue of this Law.
(3) The investigator as referred to in paragraph (1) shall draw up an official report on confiscation on the day of confiscation containing at least:
a. name, type and number of the goods or other valuable objects being confiscated;
b. information on the place, hour, day, date, month and year of confiscation;
c. information on the owner or the person in charge of the goods or the other valuable objects;
d. signature and identity of the investigator doing the confiscation; and
e. signature and identity of the owner concerned or the person in charge of the goods.
(4) A copy of the official report on confiscation as referred to in paragraph (3) shall be given to the suspect or his/her family.

Section 48
For the purpose of investigation, the suspect in a corruption crime shall give information to the investigator on all his/her riches and those of his wife or her husband, children, and those of any persons or corporations that are known and or supposed to have a connection with the corruption crime committed by the suspect.

Section 49
After the investigation is declared to have been sufficient, the investigator shall draw up an official report and submit it to the Management of Commission on Eradication of Corruption for immediate follow-up.

Section 50
(1) In case a corruption crime occurs and the Commission on Eradication of Corruption has not carried out an investigation while the police or office of the counsel for prosecution has investigated the case, the agency shall give a notice thereof no later than 14 (fourteen) workdays as from the beginning of the investigation.
(2) The investigation by the police or office of the counsel for prosecution as referred to in paragraph (1) shall be carried out in continuous coordination with the Commission on Eradication of Corruption.
(3) In the event that the Commission on Eradication of Corruption has begun an investigation, the police or office of the counsel for prosecution shall no longer have the authority to carry out the investigation.
(4) In the event that the police and/or office of the counsel for prosecution and the Commission on Eradication of Corruption carry out an investigation concurrently, the investigation by the police or office of the counsel for prosecution shall be terminated immediately.

Part Four
Prosecution

Section 51
(1) Prosecutor is a Public Prosecutor in the Commission on Eradication of Corruption appointed and dismissed by the Commission on Eradication of Corruption.
(2) The Public Prosecutor as referred to in paragraph (1) shall perform the function of prosecuting corruption crimes.
(3) The Prosecutor as referred to in paragraph (1) is a Public Prosecuting Attorney.

Section 52
(1) The Public Prosecutor shall, no later than 14 (fourteen) workdays after receiving the case dossier from the investigator, delegate the case dossier to the District Court.
(2) In such an event as referred to in paragraph (1), Chairperson of the District Court shall accept the delegation of case dossier from the Commission on Eradication of Corruption for examination and decision.

CHAPTER VII
HEARING IN COURT SESSION

Section 53
Under this Law, a Corruption Criminal Court shall be set up with the task and authority to hear and decide the cases of corruption crime, which the Commission on Eradication of Corruption submits for prosecution.

Section 54
(1) The Corruption Criminal Court shall be within the environment of General Court.
(2) For the first time the Corruption Criminal Court as referred to in paragraph (1) is set up in the Central Jakarta District Court whose legal jurisdiction covers the entire territory of the Republic of Indonesia.
(3) The setting-up of other Corruption Criminal Courts in addition to that mentioned in paragraph (2) will be done gradually with a Presidential Decree.

Section 55
The Corruption Criminal Court as referred to in Section 54, paragraph (2) shall also be authorized to hear and decide cases of corruption crime committed outside the territory of the state of Republic of Indonesia by an Indonesian citizen.

Section 56
(1) Judges of the Corruption Criminal Court shall comprise judges of District Court and ad hoc judges.
(2) The District Court judges as referred to in paragraph (1) shall be stipulated under a Decree of the Supreme Court’s Chief Justice.
(3) The ad hoc judges as referred to in paragraph (1) shall be appointed and dismissed by the President of the Republic of Indonesia on recommendation from the Supreme Court’s Chief Justice.
(4) In determining and proposing candidates for judges of the Corruption Criminal Court as referred to in paragraph (2) and paragraph (3), the Supreme Court’s Chief Justice shall make an announcement to the public.

Section 57
(1) To be established as a judge of the Corruption Criminal Court as specified in Section 56, paragraph (2), he/she shall meet the following requirements:
a. Having experience of at least 10 (ten) years in being a judge;
b. Having experience in judging cases of corruption crime;
c. Having capability and high moral integrity during the exercise of his/her duties; and
d. Never subjected to a disciplinary sanction.
(2) To be proposed as an ad hoc judge of the Corruption Criminal Court as specified in Section 56, paragraph (3), he/she shall meet the following requirements:
a. citizen of the Republic of Indonesia;
b. devoted to the Almighty God;
c. physically and spiritually healthy;
d. holder of master’s degree in law or another discipline having expertise and experience of at least 15 (fifteen) years in legal matters;
e. aged at least 40 (forty) years at the time of election process;
f. never committed disgraceful act;
g. capable, honest, having a high moral integrity and a good reputation;
h. not a board member of a political party;
i. having resigned from structural and or other positions as long as being an ad hoc judge.

Section 58
(1) A corruption criminal case shall be heard and decided by the Corruption Criminal Court within 90 (ninety) workdays as from the delegation of the case to the Corruption Criminal Court.
(2) The case hearing as referred to in paragraph (1) shall be carried out by a panel of 5 (five) judges comprising 2 (two) judges of the District Court concerned and 3 (three) ad hoc judges.

Section 59
(1) In the event that a decision of the Corruption Criminal Court was appealed against to a high court, the case shall be heard and decided within a maximum period of 60 (sixty) workdays upon receipt of the case dossier by the high court.
(2) The case hearing as referred to in paragraph (1) shall be carried out by a panel of 5 (five) judges comprising 2 (two) judges of the District Court concerned and 3 (three) ad hoc judges.
(3) Stipulation as referred to in Section 57 also applies to ad hoc judges of the High Court.

Section 60
(1) In the event that the High Court’s decision on a corruption crime was appealed against to the Supreme Court, the case shall be heard and decided within a maximum period of 90 (ninety) workdays upon receipt of the case dossier by the Supreme Court.
(2) The case hearing as referred to in paragraph (1) shall be carried out by a panel of 5 (five) judges comprising 2 (two) justices of the Supreme Court and 3 (three) ad hoc judges.
(3) To be promoted as an ad hoc judge in the Supreme Court, the following requirements must be complied with:
a. citizen of the Republic of Indonesia;
b. devoted to the Almighty God;
c. physically and spiritually healthy;
d. holder of master’s degree in law or another discipline having expertise and experience of at least 20 (twenty) years in legal matters;
e. aged at least 50 (fifty) years at the time of election process;
f. never committed disgraceful act;
g. capable, honest, having a high moral integrity and a good reputation;
h. not a board member of a political party; and
i. having resigned from structural and or other positions as long as being an ad hoc judge.

Section 61
(1) Before holding office, an ad hoc judge shall take an oath/pledge according to his/her own religion in front of the President of the Republic of Indonesia.
(2) The oath/pledge as referred to in paragraph (1) shall read as follows:
“I vow/promise in truthfulness that I shall not, in carrying out this task, directly or indirectly, in any name or manner, give or pledge anything to whomever”.
“I vow/promise that I shall not, in carrying out or in refraining from doing anything in this task, accept directly or indirectly from whomever a promise or gift.”
“I vow/promise that I will be faithful to and will defend and live in accord with Pancasila as the foundation of the State, the Republic of Indonesia’s 1945 Constitution and the legislation prevailing in the State of Republic of Indonesia”.
“I vow/promise that I will always carry out this task honestly, thoroughly and objectively, without discriminating in favor of or against any person and will hold high the ethics of profession in carrying out my obligations as well and fair as possible supposedly acting as a noble and square officer in upholding the law and justice”.

Section 62
Hearings in sessions of the Corruption Criminal Court shall be based on the prevailing criminal law procedure and on Law Number 31 Year 1999 concerning Eradication of Corruption Crimes as amended with Law Number 20 Year 2001 concerning Amendment to Law Number 31 Year 1999 concerning Eradication of Corruption Crimes.

CHAPTER VIII
REHABILITATION AND COMPENSATION

Section 63
(1) In the event that a person was harmed as result of an examination, investigation or prosecution carried out by the Commission on Eradication of Corruption in contravention of this Law or prevailing laws, the person concerned shall have the right to claim rehabilitation and/or compensation.
(2) The claim as referred to in paragraph (1) will not prejudice the harmed person’s right to submit a pretrial lawsuit if there exist reasons for pretrial submission as provided in Law Number 8 Year 1981 on Criminal Law Procedure.
(3) The claim as referred to in paragraph (1) shall be submitted to the District Court authorized to try corruption criminal cases as referred to in Section 54.
(4) The Court decision as referred to in paragraph (3) shall specify the type, amount, period and method of rehabilitation and/or compensation the Commission on Eradication of Corruption must fulfill.

CHAPTER IX
FINANCING

Section 64
The cost needed for carrying out the Commission on Eradication of Corruption’s task shall be charged to the National Budget.

CHAPTER X
PENAL PROVISION

Section 65
Any Member of the Commission on Eradication of Corruption violating the stipulation as referred to in Section 36 shall be sentenced to the maximum imprisonment of 5 (five) years.

Section 66
The same imprisonment as referred to in Section 65 will be imposed on an employee of the Commission on Eradication of Corruption who:
a. makes a direct or indirect contact with the suspect or another party related to the case of corruption crime being handled by the Commission on Eradication of Corruption without valid reason;
b. handles a case of corruption crime whose perpetrator has family relationship, either lineal or by marriage in a straight line up or down to the third degree with the member of the Commission on Eradication of Corruption concerned;
c. holds the position in the Board of Commissioner or Board of Directors of a company or in the management of a foundation and other professional jobs or in another activity related to that position.

Section 67
Any Member of the Commission on Eradication of Corruption and employee of the Commission on Eradication of Corruption that commits a corruption crime shall be subject to a heavier sentence with an addition of 1/3 (a third) of the main criminal threat.

CHAPTER XI
TRANSITIONAL PROVISION

Section 68
Any actions of examining, investigating and prosecuting corruption crimes of which the legal process is not completed at the time of establishing the Commission on Eradication of Corruption can be taken over by the Commission on Eradication of Corruption based on the provision as referred to in Section 9.

Section 69
(1) Upon establishment of the Commission on Eradication of Corruption, the Commission on Examination of State Administrators’ Riches as referred to in Law Number 28 Year 1999 concerning the State Administrator That Is Clean and Free of Corruption, Collusion and Nepotism shall become the Prevention Division in the Commission on Eradication of Corruption.
(2) The Commission on Examination of State Administrators’ Riches as referred to in paragraph (1) shall keep carrying out its function, task and authority until the Commission on Eradication of Corruption has begun carrying out its task and authority under this Law.

CHAPTER XII
CONCLUDING PROVISION

Section 70
The Commission on Eradication of Corruption shall carry out its task and authority at the latest 1 (one) year as from the enactment of this Law.

Section 71
(1) Upon ratification of this Law, Section 27 of Law Number 31 Year 1999 concerning Eradication of Corruption Crimes (Government Official Gazette of Republic of Indonesia Year 1999 Number 140, Annex to Government Official Gazette of Republic of Indonesia Number 3874) as amended with Law Number 20 Year 2001 concerning Amendment to Law Number 31 Year 1999 concerning Eradication of Corruption Crimes (Government Official Gazette of Republic of Indonesia Year 2001 Number 134, Annex to Government Official Gazette of Republic of Indonesia Number 4150) is declared null and void;
(2) After the Commission on Eradication of Corruption has exercised its task and authority as referred to in Section 70, the stipulation concerning the Commission on Examination as referred to in Sections 10 to 19, CHAPTER VII of Law Number 28 Year 1999 concerning State Administrator That Is Clean and Free of Corruption, Collusion and Nepotism (Government Official Gazette of Republic of Indonesia Year 1999 Number 75, Annex to Government Official Gazette of Republic of Indonesia Number 3851) is declared null and void.

Section 72
This Law shall come into force on the date of enactment.
For public knowledge, it was ordered that the enactment of this Law be placed in the Government Official Gazette of Republic of Indonesia.

Ratified in Jakarta
On …
PRESIDENT OF THE REPUBLIC OF INDONESIA
MEGAWATI SOEKARNOPUTRI

Enacted in Jakarta
On ……
STATE SECRETARY OF THE REPUBLIC OF INDONESIA
BAMBANG KESOWO

GOVERNMENT OFFICIAL GAZETTE OF THE REPUBLIC OF INDONESIA YEAR … NUMBER

HOUSE OF PEOPLE’S REPRESENTATIVES REPUBLIC OF INDONESIA
DRAFT
ELUCIDATION OF
LAW OF THE REPUBLIC OF INDONESIA
NUMBER … YEAR …
CONCERNING
THE COMMISSION ON ERADICATION OF CORRUPTION CRIMES

I. GENERAL
Corruption in Indonesia has been widespread in society. They are increasing from year to year in terms of the number of cases and the amount of the lost public money as well as the quality of the crime. This crime is increasingly systematic and its scope has entered all aspects of the life of society.
The uncontrollable increase in corruption will bring disaster not only to the life of national economy but also to the life of nation and state in general. This systematic and extensive corruption is also a violation of the public’s social and economic rights, so that it can no longer be categorized as an ordinary crime but as an extraordinary crime. As a result, it can no longer be overcome by ordinary but extraordinary methods.
The conventional method of law enforcement has proved to meet with various obstacles. Hence, there is a need for an extraordinary method of law enforcement through setting up a special body with broad authority, independent and free from the influence of any power in an effort to fight corruption crimes in an optimal, intensive, effective, professional and sustainable manner.
In the framework of realizing the supremacy of law, the Government of Indonesia has placed a strong foundation of policies to combat corruption crimes. Such various policies are set out in various regulations and laws. They are among others Decree of the People’s Deliberative Assembly of the Republic of Indonesia Number XI/MPR/1998 concerning the State Administrator That Is Clean and Free of Corruption, Collusion and Nepotism; Law Number 28 Year 1999 concerning the State Administrator That Is Clean and Free of Corruption, Collusion and Nepotism; and Law Number 31 Year 1999 concerning Eradication of Corruption Crimes as already amended with Law Number 20 Year 2001 concerning Amendment to Law Number 31 Year 1999 concerning Eradication of Corruption Crimes.
Based on Section 43 of Law Number 31 Year 1999 concerning Eradication of Corruption crimes as already amended with Law Number 20 Year 2001, the special body hereinafter called the Commission on Eradication of Corruption has the authority to carry out coordination and supervision, including examination, investigation and prosecution. Meanwhile, its establishment, organizational structure, working system and accountability, task and authority and membership are set out under a law.
This Law was drafted on the basis of provisions contained in the above Laws. At present, various institutions such as the office of the counsel for prosecution and the police and other agencies related to the eradication of corruption crimes have carried out the eradication of corruption crimes. Therefore, the authority of the Commission on Eradication of Corruption in this Law is regulated carefully to avoid overlapping with that of such various agencies.
The Commission on Eradication of Corruption’s authority to carry out the examination, investigation and prosecution of corruption crimes covers corruption crimes that:
a. involve law enforcement apparatuses, state administrators and other persons having a connection with the corruption crimes committed by law enforcement apparatuses or state administrators;
b. attract the attention of and disturb the public; and/or
c. involve a large amount of losses suffered by the state.
With regulation in this Law, the Commission on Eradication of Corruption:
1) can establish a strong networking and treat the existing institutions as conducive “counter partner” for the efficient and effective eradication of corruption;
2) will not monopolize the task and authority of examination, investigation and prosecution;
3) will function as a trigger for and empower the existing institutions in the eradication of corruption (trigger mechanism);
4) will supervise and monitor the existing institutions, and in a certain situation, may take over the task and authority of examination, investigation and prosecution (super body) being carried out by the police and/or the office of the counsel for prosecution.
Additionally, the effort to empower the Commission on Eradication of Corruption has been supported by strategic provisions among others:
1) provisions in Law Number 31 Year 1999 concerning Eradication of Corruption Crimes as amended with Law Number 20 Year 2001 concerning Amendment to Law Number 31 Year 1999 concerning Eradication of Corruption Crimes containing the extension of legal evidence and the principle of reversal evidencing;
2) provisions concerning the Commission on Eradication of Corruption’s authority to exercise the task of examination, investigation and prosecution against state apparatuses without procedural obstacles due to their status as state officials;
3) provisions concerning the Commission on Eradication of Corruption’s accountability to the public and reporting in a transparent manner to the President of the Republic of Indonesia, the House of People’s Representatives and the Supreme Audit Council;
4) provisions concerning the Commission on Eradication of Corruption’s authority to make a legal effort to review a case having had a permanent legal force in the interest of law and justice;
5) provisions concerning an addition of the main criminal threat to Members of the Commission, or employees of the Commission on Eradication of Corruption committing corruption; and
6) provision concerning unconditional dismissal of a member of the Commission on Eradication of Corruption committing a corruption crime.
In the process of establishing the Commission on Eradication of Corruption, human resources are not less important in leading and managing the Commission on Eradication of Corruption. This law provides a strong legal basis for the human resources to consistently carry out their task and authority under the provisions of this Law.
The Commission on Eradication of Corruption is an independent state institution that carries out its task and authority free from any power. The Management of Commission on Eradication of Corruption consists of 5 (five) persons doubling as Members, all state officials. The management comprises the element of government and the element of society. So, the system of supervision by the public over the performance of the Commission on Eradication of Corruption in carrying out examination, investigation, and prosecution against corruption crimes still remain inherent in the Commission on Eradication of Corruption.
Based on this provision, the prerequisites for appointing members of the Commission on Eradication of Corruption are, in addition to being transparently implemented and involving public participation, to meet administrative requirements and pass a fit and proper test organized by the House of People’s Representatives of the Republic of Indonesia. The President of the Republic of Indonesia will then install the members.
Moreover, to ensure the reinforcement of the exercise of its task and authority, the Commission on Eradication of Corruption may appoint an Advisory Team specializing in various fields of expertise and assigned to provide advice or judgement for the Commission on Eradication of Corruption. Meanwhile from the institutional aspect, the provision concerning the organizational structure of the Commission on Eradication of Corruption shall be regulated in such a way so that the general public may participate in the activities and steps taken by the Commission on Eradication of Corruption. The public campaign program can be implemented systematically and consistently and the general public can supervise the performance of the Commission on Eradication of Corruption.
In support of the Commission on Eradication of Corruption’s job that is very broad and heavy in eradicating corruption crimes, the Commission on Eradication of Corruption should have a sufficient financial source from the National Budget. Under this Law, the Commission on Eradication of Corruption is set up and domiciled in the State capital and, if necessary according to the public’s need, the Commission on Eradication of Corruption may set up representative offices in provincial regions.
In carrying out its task and authority of examination, investigation and prosecution, the Commission on Eradication of Corruption does not only follow the law procedure provided in the existing legislation and Law Number 31 Year 1999 concerning Eradication of Corruption Crimes as amended with Law Number 20 Year 2001 concerning Amendment to Law Number 31 Year 1999 concerning Eradication of Corruption Crimes but also the law procedure in this law. This Law contains a separate law procedure as special provision (lex specialis). Also, to enhance the efficiency and effectiveness of law enforcement against corruption crimes, this Law regulates the establishment of a corruption criminal court within the environment of general court. For the first time it is set up in the environment of Central Jakarta District Court. This Corruption Criminal Court is assigned and authorized to hear and decide cases of corruption crime. A panel of judges comprising 2 (two) judges of the District Court and 3 (three) ad hoc judges will carry out this task. Likewise when appealing to the High Court as well as to the Supreme Court a panel of judges comprising 2 (two) judges and 3 (three) ad hoc judges will carry out the hearing process. To ensure the legal certainty, at each hearing level, a specific period must be given.
To actualize the principle of proportionality, this Law also provides for rehabilitation and compensation in the event that the Commission on Eradication of Corruption has carried out its task and authority in contravention of this Law or the prevailing law.

II. SECTION BY SECTION

Section 1
Self-explanatory

Section 2
Self-explanatory

Section 3
“Any power” shall mean the force of the executive, judicial, legislative, and other parties related to corruption practices, or circumstances and situation or any reason that may influence the task and authority of the Commission on Eradication of Corruption or its members individually.

Section 4
Self-explanatory

Section 5
In this provision:
a. “Legal certainty” shall mean the principle in a constitutional state that gives priority to legitimacy, propriety, and justice in any of its policies on the Commission of Corruption Eradication’s task and authority;
b. “Transparency” shall mean the principle of being transparent when it comes to the community’s right to the correct, trustworthy, and unbiased information on the performance by Commission on Eradication of Corruption of its task and function;
c. “Accountability” shall mean the principle requiring the Commission on Eradication of Corruption to give an account to society or people as the highest sovereignty holder according to the prevailing legislation for any of its activities and the end result of such activities;
d. “Public interest” shall mean the principle that gives priority to public welfare in an aspiring, accommodative, and selective manner;
e. “Proportionality” shall mean the principle that gives priority to the balance between the task, authority, responsibility, and obligation of the Commission of Corruption Eradication.

Section 6
“Authorized Agency” shall include the Supreme Audit Council, Financial and Development Supervisory Agency, Commission on Examination of State Administrators’ Riches, and the Inspectorate in Departments or Non-Departmental Government Institutions.

Section 7
Self-explanatory

Section 8
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
This provision shall not be interpreted as physical transfer but authority transfer, that if the police or office of the counsel for the prosecution detains the suspect, the suspect may still be placed in the police’s or office of the counsel for the prosecution’s custody or the Commission on Eradication of Corruption may request the State Warder to place the suspect in the prison. See also elucidation of Section 12, paragraph (1), letter i.
Paragraph (4)
Self-explanatory

Section 9
Self-explanatory

Section 10
Self-explanatory

Section 11
Letter a
“State administrators” are defined in Law Number 28 Year 1999 concerning State Administrators that are Clean and Free from Corruption, Collusion and Nepotism practices, including Members of the Regional House of Representatives.
Letter b
Self-explanatory
Letter c
Self-explanatory

Section 12
Self-explanatory
Letter a
Self-explanatory
Letter b
Self-explanatory
Letter c
Self-explanatory
Letter d
Self-explanatory
Letter e
Self-explanatory
Letter f
“The suspect or the accused” is individual or corporation.
Letter g
This provision is intended to prevent removal or elimination of criminal things needed by the investigator or prosecutor or to prevent greater loss on the part of the state.
Letter h
Self-explanatory
Letter i
In this provision, the request for aid may be made in the event of the Commission on Eradication of Corruption has someone suspected of conducting corruption practices detained. The Commission on Eradication of Corruption shall request the State Warder to place the suspect in the Prison.

Section 13
Self-explanatory

Section 14
Self-explanatory

Section 15
Letter a
“To provide protection”, in this provision, also includes security assurance by requesting the police aid or changing the reporter’s identity or carrying out evacuation including legal protection.
Letter b
Self-explanatory
Letter c
Self-explanatory
Letter c
Self-explanatory
Letter d
Self-explanatory
Letter e
Self-explanatory

Section 16
This Section provides for the procedure for reporting and determining the status of gratification as referred to in Section 12 B of Law Number 20 Year 2001 on Amendment to Law Number 31 Year 1999 on Corruption Eradication.

Section 17
Self-explanatory

Section 18
Self-explanatory

Section 19
Self-explanatory

Section 20
Self-explanatory

Section 21
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Paragraph (4)
“Work collectively” shall mean that any decision must be approved and decided collectively by Executives of the Commission of Corruption Eradication.
Paragraph (5)
Self-explanatory

Section 22
Self-explanatory

Section 23
Self-explanatory

Section 24
Self-explanatory

Section 25
Self-explanatory

Section 26
Self-explanatory

Section 27
Self-explanatory

Section 28
Self-explanatory

Section 29
Letter a
Self-explanatory
Letter b
Self-explanatory
Letter c
Self-explanatory
Letter d
Self-explanatory
Letter e
Self-explanatory
Letter f
Self-explanatory
Letter g
Self-explanatory
Letter h
Self-explanatory
Letter i
“Other positions” includes that of board of commissioners or board of directors in State-Owned Enterprises or private companies.
Letter j
The “profession” includes advocate, public accountant, or doctor.
Letter k
Self-explanatory

Section 30
Self-explanatory

Section 31
Being “transparent” shall mean that the community could follow the process of and mechanism for nomination and election of the Commission on Eradication of Corruption’s members.

Section 32
Self-explanatory

Section 33
Self-explanatory

Section 34
Self-explanatory

Section 35
Self-explanatory

Section 36
Self-explanatory

Section 37
Self-explanatory

Section 38
Paragraph (1)
The things “relating to the examination, investigation and prosecution” in this provision includes the authority to carry out arrest, detention, search, confiscation, and paper check.
Paragraph (2)
Self-explanatory

Section 39
Self-explanatory

Section 40
Self-explanatory

Section 41
The “law enforcement agency of another country” includes the police, office of the counsel for the prosecution, court, and other special bodies of the other country handling the corruption case.

Section 42
Self-explanatory

Section 43
Self-explanatory

Section 44
Self-explanatory

Section 45
Self-explanatory

Section 46
Paragraph (1)
The “special procedure” shall mean the obligation to obtain approval to investigate a suspected official of a certain country.
Paragraph (2)
Self-explanatory

Section 47
Self-explanatory

Section 48
Self-explanatory

Section 49
Self-explanatory

Section 50
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory
Paragraph (4)
Being “concurrently” shall mean being counted according to the same day and date as the commencement of investigation.

Section 51
Self-explanatory

Section 52
Self-explanatory

Section 53
Self-explanatory

Section 54
Self-explanatory

Section 55
Self-explanatory

Section 56
Paragraph (1)
Self-explanatory
Paragraph (2)
Based on this provision, to decide on judges for the Corruption Court, the Chief Justice of the Supreme Court may carry out selection from among the judges in Central Jakarta District Court.
Paragraph (3)
Self-explanatory
Paragraph (4)
Based on this provision the selection of a candidate judge to be appointed and proposed to the President of the Republic of Indonesia to be the judge in the Corruption Court shall be carried out in a transparent and participatory manner. It may be announced through printed and electronic media to gain input and response from the community about the candidate judge.

Section 57
Self-explanatory

Section 58
Self-explanatory

Section 59
Self-explanatory

Section 60
Self-explanatory

Section 61
Self-explanatory

Section 62
“The prevailing criminal law procedure”, as provided in Law Number 8 Year 1981 on Criminal Law Procedure Code (KUHAP), and for cassation examination as provided in Law Number 14 Year 1985 on the Supreme Court.

Section 63
Self-explanatory

Section 64
“The cost” includes the expense of rehabilitation and compensation.

Section 65
Self-explanatory

Section 66
Self-explanatory

Section 67
Self-explanatory

Section 68
Self-explanatory

Section 69
Self-explanatory

Section 70
Self-explanatory

Section 71
Self-explanatory

Section 72
Self-explanatory

ANNEX TO THE REPUBLIC OF INDONESIA’S GOVERNMENT OFFICIAL GAZETTE NUMBER…

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