Combating corruption in Asia-Pacific:

Transcription

1 ADB/OECD Anti-Corruption Initiative for Asia and the Pacific Capacity Development and Governance Division Asian Development Bank Anti-Corruption Division Organisation for Economic Co-operation and Development Combating corruption in Asia-Pacific: Indonesia s measures to implement the Anti-Corruption Action Plan for Asia-Pacific Review of progress in anti-corruption reform is an essential mechanism of the ADB/OECD Anti- Corruption Initiative for Asia-Pacific. The Initiative s member countries and jurisdictions report about progress in their efforts to implement the Anti-Corruption Action Plan for Asia-Pacific at the Initiative s regular Steering Group meetings. Since the 8 th Steering Group meeting, held in May 2006, the Initiative uses a standard format for this reporting mechanism. It displays the progress that the member countries and jurisdictions have reported under each element of the Action Plan and shows the reform progress in all areas over time. This document covers the measures that Indonesia has reported since the 8 th Steering Group meeting in May For information on reform progress of the other members of the Initiative, consult the Initiative s website.

2 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 2 Indonesia PILLAR 1 DEVELOPING EFFECTIVE AND TRANSPARENT SYSTEMS FOR PUBLIC SERVICE A. Integrity in Public Service 1. Systems of hiring public officials: Systems for compensation The Ministry of National Education has implemented an Allowance Program for Teachers which aims to increase teachers prosperity, devotion and professionalism. In addition to a basic salary, teachers now receive a performance-based allowance. The government of Indonesia has implemented bureaucratic reform in in three main agencies, which are BPK (External Supreme Auditor), Ministry of Finance (including tax and custom offices) and Judicial office under the Supreme Court. The Judicial office under authority of the Supreme Court has implemented bureaucratic reform by increasing judge's salary more than 300 percent, following the restructuring of human resources and measures to enhance institutional capacity. The process of reform is still ongoing. The same reform is also being implemented by Ministry of Finance (including tax and customs offices) and BPK by increasing significant allowance for their officials (more than 300 percent in average higher than other government officials salary). However, there are still misleading bureaucratic reforms that focused mainly on increasing salary rather than a comprehensive package of reform. Transparent hiring and promotion, independence of the civil service In , the National Land Agency (BPN) has selected strategic officials at Echelon II and III levels. Candidates were assessed by a consultant to ensure transparency and accountability. BKN (The Government Administration Office) has launched decree no 30 year 2007 on government official's recruitment guideline which regulates : open vacancy using widely electronic and printing media

3 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 3 The Corruption Eradication Commission (KPK) carried out a tender in order to meet its human resources requirements for The outcome of the tender was announced in October comprehensive assessment and selection process involving universities computer-based processes The agency also took important role in managing promotional instruments, defining job competencies, and establishing an independence assessment team (BAPERJAKAT) at central level. The KPK as the role model of human resources development system in Indonesia has been implementing open and transparent hiring process involving independent and professional consultants in every step of recruitment. The system refers to the most current HR System such as Job Competencies, Salary Scale, Training and Promotion System, HR Computer Based System (MSDM), etc. Oversight of discretionary decisions and personnel discretionary powers Personnel systems such as rotation of assignments The National Land Agency has introduced the new rotation and assignment system namely profiling test (fit and proper test) involving independent consultants. The profiling test has been applied equally to echelon II, III, IV and V officials in order to fulfill recent job competencies requirements. 2. Ethical and administrative codes of conduct: Prohibitions or restrictions on conflicts of interest The Ministry of State Owned Enterprises has issued letter no 154 Year 2007 on the prohibition of compliance with improper demand from State Owned Enterprises Officials. The Ministry of State Owned Enterprise has also issued several regulations on

4 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 4 promoting transparency and good corporate governance. A typical example of institutional defensive approach is shown by the Code of Ethics applied by the Supreme Court which covers philosophical points of view on the present condition of judiciary. One of the best practices is the Code of Ethics applied to the commissioners of KPK which does not only rule the do s and don ts of the commissioners in their position as public officials, but also as individuals in their daily life. Disclosure and/or monitoring of, for example, personal assets and liabilities State officials are obliged to report their personal wealth, according to Law No. 28/1999 on Clean State Officials Free from Corruption, Collusion, and Nepotism, as amended. In the six months to 30 June 2007, the number of reports increased as follows: Mandatory reports: 4.45% Disclosed reports: 8.24% Reports published in the State Gazette: 4.74% Law no 28 Year 1999 states officials who are obliged to report their wealth regularly, namely: 1.State Functionaries in the State Supreme Institution; 2.State Functionaries in the State High Institutions; 3.Ministers; 4.Governors; 5.Judges; 6. Other State Functionaries under the Regulations and Legislation in force; 7. Other Functionaries having strategic functions in relation to the Organizing of the State under the Regulations and Legislation in force. Wealth Report Compliance Progress : green indicates the number of Mandatory Reporters

5 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 5 red indicates the number of State Administrators who have submitted LHKPN (wealth report) System regulating contacts between government officials and business services user, particularly in corruption prone areas Corruption Eradication Commission (KPK) has studied and observed the administration of public service system, presumed to be corruption prone in several public service departments, and made recommendations in order to ameliorate the system in minimizing the contact between government officials and business service users. Directorate General of Immigration has made initial actions to avoid direct contact between government officials and business service users, such as biometric passport system and e-office implementation. Promotion, training and supervision of officials viz. codes of conduct Directorate General of Taxes Office has launched regulation No 1 Year 2007 concerning the officials code of conduct, which should be implemented by the entire government officials in the area of Directorate General of Taxes. Promoting reporting by officials of corruption and whistle blower protection Indonesia has drafted the Government Regulation concerning the Implementation of Internal Control System for Government Institution. The Regulation will oblige government officials to implement internal controls in daily operations. Corruption Eradication Commission has conducted a series of awarenessraising activities in order to make the public become more pro-active in reporting related cases and aware of the witness protection program as stated under KPK Law and Law No 13 year 2006 on Witness and Victims Protection.

6 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 6 B. Accountability and Transparency Accountability of public service through effective legal frameworks, management practices and auditing procedures: Measures and systems to promote fiscal transparency It established the Government Regulations concerning Financial and Performance Report of Government Institutions. These Regulations are expected to enhance transparency by requiring government bodies to report decisions and resource allocations to supervisors and supervisory bodies. In February 2007, the Government and Parliament began discussions concerning the Government s next annual budget. All stakeholders may monitor the discussions by attending the meetings or through the Web site of the Directorate General of Budget Ministry of Finance. In line with Government Policy on budget transparency, the Minister of Finance has implemented Web based system to monitor national budget as recommended by the Parliament. International standards and practices to regulate and supervise financial institutions The Central Bank of Indonesia has implemented international standard (ISO 2000) concerning the internal audit system. Through the implementation of this international standard, the Central Bank of Indonesia is expected to achieve enhanced internal control and good governance. Auditing of the public administration and the public sector On 30 October 2006, the President promulgated Law No. 15/2006 on the Audit Board (Badan Pemeriksa Keuangan - BPK). The new law broadened the BPK s jurisdiction, which now includes (financial and performance) audits of central and local governments and state enterprises. Audit results are submitted to the House of Representative (DPR), Local Representative (DPD), Local Parliament (DPRD), and the head of The financial development and supervisory board (BPKP) has optimized the quality assurance/control during audit process by multi-layered supervision. External Supreme Auditor Agency (BPK) performed auditing of all stakeholders of development including all constitutional agencies--supreme Court, Judicial Court, Judicial Commission, etc., based on Law No. 15 year Based on their findings, the

7 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 7 the respective governments. If the BPK discovers irregularities of a criminal nature, it will report the matter to the competent office. The BPK also monitors the implementation of audits. BPK has recommended having better financial system especially in Ministry of Finance, for example by controlling illegal accounts in government bodies, detecting illegal ownership of government properties, etc. Public procurement procedures and adequate simplified administration procedures Indonesia plans to revise the Procurement Decree so as to provide e-procurement. The Corruption Eradication Commission Indonesia (KPK) encourages the implementation of e- announcement as an initial phase of e- procurement in state/government institutions. This includes announcement of procurement budget plan, pre-qualification and qualification, and winning bidders. As of mid- November 2006, 10 central government/state institutions and 12 local governments are using the system through the national procurement Web site ( go.id or Indonesia expects to introduce an electronic-procurement system (e-proc) in The National Development Planning Agency has begun to implement e- procurement and e-announcement along with KPK and the Ministry of Communication and Information. Transparency International Indonesia conducted a program on the Development of Integrity Islands (May ), funded by the United Kingdom Foreign Commonwealth Office. The program has identified the implementation of an integrity pact for procurement as an area of work for Indonesia Procurement Watch produced the following publications in 2006: Application of the Integrity Pact on Procurement of Goods and Services National Strategy for the Prevention and the Eradication of Corruption on Procurement of Goods and Services Checklist of Monitoring on Procurement of Goods and Services Basic Framework and General Policy

8 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 8 on Procurement of Goods and Services The Ministry of State Apparatus Reform has made several steps to amend procurements regulation no 80 year 2003, as follows : establish the technical team to assist the procurement committee during the procurement process engage the independent monitoring team during the procurement process announce the procurement plan and pre-qualification result to the public through national newspaper (at Media Indonesia newspaper) collaborate with National Development Planning Agency to facilitate the establishment of Public Procurement Policy Development Agency The Indonesian National Army has launched regulation no 29 year 2007 following these matters: procurement monitoring by the press during the tender opening and tender offers process improving the e-announcement system in the mass and electronic media extending the regulations concerning the down payment/quotation assurance issued by assigned government bank issuing regulation no. 482/XII/2006 regarding the price index standard for procurements Institutions for public scrutiny and oversight Indonesia has several oversight bodies such as BPK based on the constitution, BPKP based on presidential regulation and the internal oversight body in each department for scrutinizing development process at central and

9 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 9 local levels. Availability of information on the processing of applications, funding of political parties and electoral campaigns and expenditure The government of Indonesia enacted the new law no 2 year 2008 on Political Parties that governs processing of applications, funding of political parties and electoral campaigns and expenditure. The National Elections Commission (KPU) has provided any information regarding the political parties, electoral process, campaigns and the result to the public in a transparent manner through their website The National Elections Commission has also published an annual report to evince their activity and performance in the matter of electoral process. Simplification of the business regulatory environment The Ministry of State Owned Enterprises has issued several regulations concerning good corporate governance to define transparent, independent, accountable, responsible and fair business environment. PILLAR 2 STRENGTHENING ANTI-BRIBERY ACTIONS AND PROMOTING INTEGRITY IN BUSINESS OPERATIONS A. Effective Prevention, Investigation and Prosecution Effective measures to actively combat bribery: Sanctions for bribery of public officials Indonesia s Corruption Eradication Commission (KPK) recently prosecuted high level officials and political persons, and searched the offices of one of the suspects. KPK recently prosecuted high-level officials and political persons, and searched the offices of one of the suspects. Within 6 months KPK has arrested highest level public officials (governor of central bank, members of parliament, senior prosecutor, former head of national police and ambassador,

10 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 10 governor, mayor, judicial commission judge and other high rank government officials) that were alleged to have committed bribery (some of them were caught red handed). The anti-corruption court convicted 100% of the accused. The Commission successfully recovered the proceeds of crime in the same period, which amounted to more than US$ 50 million in cash. Administrative sanctions such as dismissal were taken against all the accused by their agency as regulated by Government Regulation (PP) No 32/1979 on Public Official Dismissal. Existence and enforcement of anti-money laundering legislation In March-October 2006, the Money Laundering Unit of the Criminal Investigation Division of Indonesia National Police investigated 38 money laundering cases. 30 are under prosecution, 8 of which relate to corruption, 13 to bank fraud, and 9 standalone money laundering offences. There have been 7 convictions for money laundering in Indonesia as of October Sentences were 6-8 years imprisonment and a total fine of Rp 500 million. Bank Indonesia (BI) (the central bank) issued Regulation No. 8/28/PBI/2006 dated 5 December 2006 concerning Money Transmitter Activity. The aim is to ensure that money transmitters are fully and properly registered. BI will register all existing transmitters by 31 December 2008, after which new transmitters must apply to BI for permits. Currently the government has been amending Law No. 25 year 2003 concerning The Crime of Money Laundering. The critical point of the amendment is to enhance capacity of Financial Intelligence Unit and other Law Enforcement Agencies in dealing with money laundering and its related predicate crimes. Indonesian Government has launched The National Strategy on the Prevention and Eradication of the Crime of Money Laundering in Indonesia (it has 5 pillars which are: First, Laws and regulation, Law Enforcement and Implementation of Special Protection for Witnesses and Reporting Parties. Second, Compliance of Providers of Financial Services (PFS), and Analysis and Submission of the Results of Analysis made from Suspicious Transaction Reports (STRs). Third, Information and Technology System and Human Resources. Fourth, Domestic Cooperation and Development of International Network and Fifth, Public Campaign for the

11 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 11 Promotion of Public Awareness and Understanding.) Indonesian Financial Transaction Reports and Analysis (PPATK) has received more Suspicious Transaction Reports (STRs). Until February 2008 the court has adjudicated 11 money laundering cases from that STRs. Rules concerning investigation and prosecution of bribery Rules concerning investigation and prosecution of bribery are governed by Law No 3 year 1971, Law No 31 year 1999, Law No 20 year 2001 and Law No 30 year Availability of bank, financial or commercial records and secret bank information KPK Law No 30 year 2002 authorizes KPK to disclose bank secrecy and other financial records in the open investigation stage. Indonesia FIU (INTRAC/PPATK) is also authorized to disclose bank secrecy in the closed investigation stage under Law No. 25 year Under special bilateral arrangement among government agencies (MoU), it is possible to disclose information related with corruption cases. Inter-agency co-operation Several ad hoc teams were established to address complicated problems especially on anti-corruption, asset recovery, money laundering, Interpol, and other extraordinary crimes. The main objectives of establishing teams are to enhance cooperation and coordination among the pertinent agencies. KPK and other law enforcement agencies regularly hold a coordination and supervision meeting for data synchronization, technical assistance, etc. Protection of persons who assist the authorities Indonesia passed Law no. 13/2006 on Witness and Victim Protection. The law aims to encourage the public to disclose crimes by providing legal and Whistleblower protection has been governed by law no 13 year Currently, the government is selecting 14 candidates for commissioners who

12 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 12 security protection for those who report acts of corruption. will be in charge of implementing the mandates of the witness and victim protection law. The end process will be Parliament s endorsement based on President's proposal by choosing 7 among the candidates. Training and resources To build capacity in anti-corruption, the KPK and the Attorney General decided to share training and equipment facilities. KPK has made efforts to improve the personnel competence by training its staff either in Indonesia or abroad. Domestic training includes both internal and external training. Internal training is conducted by the KPK, while in the case of external training the KPK supports the training provider administratively. In year 2007, 37 internal training programs and 42 external training programs were provided. There were also 12 training programs conducted abroad, namely, in Hong Kong, Singapore, Malaysia, Brunei, Thailand, France, Switzerland, UK, Germany, and Australia. International cooperation including exchange of information and evidence, extradition, and search, seizure, forfeiture and repatriation of assets Indonesia signed a bilateral extradition treaty with Singapore on 27 April The treaty covers 31 types of criminal acts and has retroactive effect for 15 years. Nationals may be extradited for corruption offenses. On 3 April 2008, Government of Indonesia have signed an agreement concerning MLA in Criminal Matters with Hong Kong SAR and Macao. Currently, a bilateral treaty on MLA is being negotiated with USA. In April 2008, Indonesian Parliament agreed to ratify South East Mutual Legal Assistance Treaty in Criminal Matters. KPK signed formal bilateral agreement (MoU) with 12 anti-corruption agencies, i.e. CPIB Singapore, ACA Malaysia, ACB Brunei, EFCC Nigeria, SNACC Yemen, General Inspectorate Vietnam, Ministry of Supervision China, NCCC Thailand, General Inspectorate Cambodia, Ombudsman Philippines,

13 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 13 ACRC Korea, and GIO Iran. Instead of formal bilateral agreement, KPK also maintains informal cooperation based on reciprocity and mutual benefit with other overseas law enforcement agencies. NCB Interpol Indonesia cooperates with other law enforcement agencies through Interpol s networks of national counterparts to handle transnational crimes. B. Corporate Responsibility and Accountability Promotion of corporate responsibility and accountability based on international standards: Corporate governance, internal company controls such as codes of conduct, establishing channels of communication, whistle blower protection and staff training The National Committee on Governance Policy (KNKG) revised and began disseminating the General Guidelines on Good Corporate Governance (GCG) on 17 January Bank Indonesia issued Regulation No. 8/14/PBI/2006 dated 5 October 2006 to improve the implementation of the GCG for public banks. The Regulation also requires independent parties and parties affiliated with shareholders to be appointed to the Board of Commissioners and Board of Directors. Starting from year 2008, all banks and finance companies have to report their implementation of Good Corporate Governance to Indonesian Central Bank. KPK has conducted Good Corporate Governance (GCG) Study. The study was based on provisions of the UNCAC which focuses on the importance of preventing corruption in the private sector. The study is researching and mapping what good corporate governance will look like in Indonesia. This study is being undertaken in preliminary form by the KPK in order to gauge how close private corporations listed on the stock exchange and stateowned enterprises, are to applying GCG principles. This study involved 68 companies from various industry groups. The National Committee on Governance Policy (KNKG) revised and began disseminating the Whistleblower System Proceedings on 25 March 2008.

14 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 14 Corporate Governance Perception Index is released annually to encourage the private sector to implement GCG (based on a survey conducted by The Indonesian Institute for Corporate Governance). Ministry of State-Owned Enterprises conducts GCG Socialization, Assessment and Review of 139 BUMN with regard to rights and responsibilities of share holders, GCG Policies, GCG implementation, Disclosure in Policy and Implementation of GCG, and Commitment in GCG Implementation. The Ministry has been improving process of GCG Implementation in State Owned Enterprises by amending their Decision No: KEP-117/M- MBU/2002. Non tax-deductibility of bribes Transparent company accounting and auditing, and penalties for false accounting Ministry of State-Owned Enterprises regulates obligation of State Owned Enterprises to have investigation audit by Internal Auditor Board (BPKP) in order to meet GCG compliance standards. Administrative sanctions for bribery of public officials, e.g. denial of licenses or procurement contracts Indonesia has President's Decree No 80 year 2003 on Public Service Procurement which regulates mechanism of procurement including its sanctions. PILLAR 3 SUPPORTING ACTIVE PUBLIC INVOLVEMENT A. Public Discussion of Corruption Encouraging public discussion of corruption through: Channels and forums to discuss corruption The budgets of most local governments and parliament are not publicized in Indonesia. However, the local In commemoration of International Anti- Corruption Day, KPK held the annual National Conference on Anti-corruption

15 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 15 parliament (DPRD) of Sumedang regency put up Local Budget Posters in strategic locations, including sub-district offices (desa/kelurahan). The local parliament of Gorontalo City also recommended that local governments disseminate the approved local budget to government officials and society. From August-November 2006, KPK has promoted this idea in Aceh, West Java, and Bali province. by inviting all government institutions to report their progress and effort in eradicating corruption. The last meeting was attended by more than 60 institutions. The result of the conference is an annual country report on anti-corruption. National Development Planning Agency (Bappenas) has done consultation and public campaign for The National and Region Action Plan to Eradicate Corruption (RAN-PK & RAD-PK) in several provinces (for example, RAD PK East Province contained steps regarding corruption-prone matters like public procurement and woods/forest usage permit). Bappenas will also establish and coordinate UNCAC task forces to address all the issues related to the articles of the convention. Public awareness campaigns Indonesia has conducted publicity campaigns, including in schools, to raise public awareness of corruption. Transparency International Indonesia has engaged in the following activities: 1. Campaign of National Integrity System to Eliminate Corruption (December 2005 to November 2007): This program was funded by the Danish International Development Agency (Danida). The campaign aimed to strengthen the anti-corruption activities of civil society, local government and entrepreneurs in seven regions. 2. The Business Without Bribe Campaign for Entrepreneurs and State-Owned Companies (2006 to November 2007): The campaign promotes business without collusion, corruption or nepotism in Medan and Pekanbaru. 3. The Corruption Perception Index (CPI) Survey (October to December The KPK has conducted a series of socialization activities, as well as events to improve the public s understanding of corruption eradication. These have included a public anticorruption campaign through formal and informal education programs; cooperation with community institutions; information exchange; and creation of a database on the profile of corruption. These activities have been carried out in Pekanbaru, Surabaya, Yogyakarta, and Makassar In 2007, socialization activities and informal discussions on gratuities (undue gift to public officials) were held for government and private institutions, such as the Directorate General of Tariffs and Import Duties, state/local government-owned enterprises, universities, provincial governments,

16 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia ): Funded by AusAid, the survey covered businessmen from 32 Indonesian cities. 4. The Transparency Campaign in the Extractive Sector in the framework of Extractive Industries Transparency Initiatives (EITI) ( ): This Program is the continuation of an initial study by TII on the transparency of the extractive sector in Indonesia. A coalition has been created with Publish What You Pay (PWYP) and a number of non-profit organizations. An international meeting is scheduled for August 2007 to strengthen the PWYP coalition. 5. A program to implement the Indonesian Integrity System as a Working Framework on the Eradication of Corruption: Learning from the Experience and the Expertise of Finland: This Program is being implemented in and aims to strengthen tax management in Tanah Datar, West Sumatera through the Forum of Taxpayers (Forum Warga Pembayar Pajak/FWPP). The program also raises awareness within civil society of good governance through tax in a democratic system, the rights of taxpayers, and the social contract between the elite, the people s representatives, and the community. the Department of Foreign Affairs, and the BKN, with a total of 54 activities being undertaken. The KPK has also been fostering cooperation with Indonesia Business Link since 2005, in order to conduct socialization in a number of regional IBL branches focused on the implementation of gratuity rules in day-to-day business. KPK also printed and distributed more than 500,000 copies of books on Understanding to Eradicate Corruption: (30 types of corruption) to all government institutions, universities, NGO, politicians, private companies and others. The Commission develops campaign materials, comprising 15 different types of items: stickers, brochures, pocket books, pins, fairytale books and comics, and the production of instructional videos on gratuities and the filling in of LHKPN forms. These materials are distributed during various activities conducted by the KPK, at the request of the public, or during other activities that are supported by the KPK, all free of charge. Transparency International Indonesia from May 2007 until 2008 has developed a program called Developing Island of Integrity. This program is funded by United Kingdom Foreign Commonwealth Office (UK FCO). As a first step, TI Indonesia has conducted an assessment to determine the new working area in 2007 which is Head of Regions (Governors/Mayor/Regent) that have strong commitment to combating corruption. The result will identify some of the potential areas to apply the Integrity Pact in Procurement of Goods and Services. Education programs In August-November 2006, the KPK involved Indonesian Procurement Indonesia Corruption Watch has conducted two programs: One article in The Government Regulation (PP) No 19 year 2005 on

17 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 17 Watch, an NGO, to raise awareness of anti-corruption in Aceh province. The campaign included explaining the pathology of corruption in procurement of public goods and services. A Toolkit of Anti-Corruption was distributed to government officials in all regencies/cities of Aceh province. 1. Anti-corruption training for teachers: The objective is to form a network of teachers in fighting corruption through education. 2. Production of an education film on corruption as a teaching tool. the Standard of National Education states that there should be a curriculum concerning anti-corruption spirit and attitude. By this rule, the Ministry of Education has issued Ministerial Decision No. 22 year 2006 on Unit Content Standard of Basic and Intermediate Education to incorporate the content in Citizenship subject. Now the National Ministry of Education also compiles the technical guidelines for anti-corruption implementation modules at every education level. KPK has carried out Training of Trainers (28 times until December 2007), which were attended by students from 37 Universities across Indonesia. Also, 67 Memorandums of Understanding between the KPK and public and private universities across Indonesia were signed for the purpose of implementing anti-corruption education, campaign, and research. The follow-up to the Training of Trainers program was the provision of anti-corruption education at the high school level in cooperation with university students who had participated in the Training of Trainers program. Anti-corruption education for high school students was provided in many parts of the country. KPK also provided anti-corruption education programs for all levels from kindergarten, junior high school to senior high school, and the regional parliament as well. KPK held workshop for members of regional parliaments (DPRD) to increase the capacity of the member's roles and functions. The KPK in collaboration with several communities and non-governmental organizations held the events in order to gain more public participation in the area of corruption prevention. Indonesia Corruption Watch and other

18 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 18 NGOs have empowered community to involve in budgeting process by local government. B. Access to Information Ensuring the general public and the media can receive and impart public information, particularly information on corruption matters: Requirements for justice and other governmental agencies to disclose efforts to promote integrity and accountability and to combat corruption Law enforcement agencies can access all of information related to corruption cases including those under bank secrecy in the open investigation phase. Measures to provide the public with meaningful access to information Bills on public access right on information are being drafted by the government and expected to be finished in the short term. The public can access the information regarding the Supreme Court s final judgment through the Supreme Court website or This aims to improve the judicature transparency to the public. C. Public Participation Encouraging public participation in anticorruption activities: Co-operative relationships with civil society groups The 3 Pilar Kemitraan (3pK) was established by the Indonesia Chamber of Commerce (KADIN), Ministry of State Administrative Reform, and the Indonesian Transparency Community (MTI). The goal is to implement Law No. 30/2002 on the Corruption Eradication Commission and the President Instruction No. 5/2004 on the Acceleration of the Eradication of Corruption. Recent programs under the 3pK include: Indonesian Corruption Watch (ICW) held anti corruption civil community workshop all over Indonesia. ICW and other NGO alliance established Court Monitoring Coalition (Koalisi Pemantau Peradilan). They organized the National Dialog with the KPK Commissioners to discuss the KPK Road Map and to monitor anti-corruption efforts. Transparency International Indonesia in collaboration with Partnership for Governance Reform has conducted a

19 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 19 The International Anti-Corruption Day on 9 December 2006, which was followed by all 3pK members, students, non-profit organizations, and directors and employees of companies. The National Dialog to Eradicate Corruption by building integrity islands. The promotion of good corporate governance (GCG) through brochures, publications, manuals, and a GCG clinic. performance assessment for Aceh Reconstruction Agency (BRR) especially on internal integrity aspects. Based on the assessment result, TI Indonesia made several recommendations in improving the ability to tackle corruption in BRR. In the government area, TI Indonesia has also promoted the integrity pact to the government officials in the entire six regions. Protection of whistle blowers In 2006 Indonesia has legislated Law No 13 year 2006 on Witness and Victims Protection, according to which Indonesia now has the Witness and Victims Protection Agency (LPSK) Involvement of NGOs in monitoring of public sector programs and activities In 2007, Indonesia Corruption Watch: Established a New Student Complaint Post to analyze complaints and provide assistance. The Indonesia Corruption Watch has conducted several activities regarding the public sector, as follows : disclosing information to the public Handled cases relating to education and health, and reported the cases to the authorities. Transparency International Indonesia (TII) has carried out the following activities: The Capacity Enhancement of Civil and Local Government as an Effort to Prevent Corruption in Reconstruction of Aceh (February 2006 to March 2007): TII joined local NGOs to supervise the reconstruction of Aceh. Supervision committees (which included citizens as members) were established at the district level. The committees are obliged to collect, verify, and investigate citizens complaints and report their findings in public consultation meetings. strengthening the school committee on monitoring analyzing and monitoring corruption practices in the Indonesian court evaluating the performance of the justice officials monitoring the public officials election in the judicature area The Indonesian Procurement Watch and Transparency International have provided consultation regarding the integrity pact for the National Election Commissions (KPU). Evaluation of the performance of the

20 Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific: Indonesia 20 Aceh Rehabilitation and Reconstruction Agency (BRR) (January to May 2007): One of the report s recommendation was to maintain the independence of the Anti-Corruption Unit (SAK) by reassigning supervision of the Unit from the Executive Board to the Supervisory Board. The BRR is scheduled to implement this recommendation in July. OTHER Indonesia ratified the UNCAC on 18 April 2006.