Monday, 2 March 2020, marked an important milestone for all members of the Corruption Eradication Commission (KPK). That day, all five members of KPK Supervisory Board came and presented an amendment to the KPK Code of Ethics at the 3rd Floor Auditorium of Gedung Juang KPK.
The drafting of the Code of Ethics constitutes one of the duties of the Supervisory Board as stipulated in Article 37B of the Law of the Republic of Indonesia Number 19 of 2019 concerning the Second Amendment to the Law Number 30 of 2002 concerning the Corruption Eradication Commission. Such duties include the formulation and the promulgation of the Codes of Ethics of the Executive Members and the Staff of KPK.
In his opening remarks, KPK Commissioner Firli Bahuri stated that the code of ethics was established as the principles of conduct for the KPK members. It shall serve as the spirit and the foundation of the daily conduct of each KPK member. “Thus, it is hoped that there will be no KPK member ever violating this code of ethics,” he said.
The Chairperson of KPK Supervisory Board, Tumpak Hatarongan Panggabean, explained that the code of ethics will be applicable for the KPK Supervisory Board, Executives, and Staff, which collectively referred to as KPK Members.
Tumpak presented three essential matters regarding the KPK Code of Ethics. First, KPK Supervisory Board has drawn up and stipulated the Code of Ethics for KPK Executive Members and Staff. Second, KPK Supervisory Board shall follow up any reports from the public regarding any kinds of alleged violation of the code of ethics by KPK executive members and staff or any kinds of violation of any provisions of the KPK Law.
"Third, KPK Supervisory Board may also hold a hearing to examine any alleged violations of the code of ethics by executive members and staff,” said Tumpak.
What is new in the amended KPK Code of Ethics?
In the event of code of ethics violation by KPK staff and executive members, a hearing will be conducted by the Supervisory Board. Meanwhile, in the event of any Supervisory Board member violating the code of ethics, a hearing will be held by the Honorary Assembly of the Code of Ethics. In the previous KPK Code of Ethics, hearings for staff was held by the Board of Executives (DPP), while hearings for executive members were held by the Ethics Committee.
Another difference is that the new KPK Code of Ethics is applicable to all KPK members, including the supervisory board members, executive members, and staff. Meanwhile, in the previous Code of Ethics, there were additional Code of Ethics and Principles of Conduct that were applicable to the members of executive and advisory boards in particular.
The previous KPK Code of Ethics outlined five key values of the institution, namely justice, professionalism, leadership, religiosity, and integrity. In the new code of ethics, the religiosity value is replaced by the synergy value. The religiosity value that was explicitly outlined is now deemed inherent in and an integral part of every human and embodied in all other key values.
The addition of the synergy value is a realization of the explanation to Law No. 19 of 2019, which stipulates that in carrying out its duties, KPK has to view other law enforcement agencies as its counterparts.
“Synergy does not mean compromise, and synergy will not undermine the autonomy of KPK members,” said Tumpak.
Tumpak explained 8 values of synergy in the KPK Code of Ethics, which include information, knowledge, and data sharing to improve the effectiveness of corruption eradication efforts, with the exceptions of those confidential in nature.
Next, KPK Supervisory Board member Harjono explained various consequences of violating the code of ethics. Penalties shall be imposed to any member found violating the KPK code of ethics. There are three categories of violation, namely minor, moderate, and major violations.
“The classification of minor, moderate, and major violations is based on the effect or loss inflicted to the division or secretariat general, commission, and/or the state,” Harjono said.
Penalty to minor violations starts with verbal warning with minimum sentence of one to six month(s). Penalty to moderate violations includes 10-20% basic salary cut for six months. Finally, penalty to major violations may range from 30% basic salary cut for twelve months to dishonorable dismissal as a KPK member.
One new point regarding the penalty for the KPK code of ethics violation is the dissemination of the decision on the imposition of penalty in the internal portal by the Secretary General and the recording of the execution of the penalty in a written report.
Another Supervisory Board member, Albertina Ho, expressed her hope that no KPK member will ever commit any violation of the code of ethics. In addition, Albertina also highlighted that the incorporation of synergy value in the new code of ethics will bring KPK to a new era of collaboration in the efforts of eradicating corruption in Indonesia. The several additional points elaborated above are expected to improve the application of the five key values of the Code of Ethics dan Principles of Conduct by all KPK Members.