View by sections
EuropeAid/127478/L/ACT/ID - Strengthening the Rule of Law and Security in Indonesia Programme Component 1: Support to the Fighting Against Corruption
|No. and Title:||EuropeAid/127478/L/ACT/ID, Strengthening the Rule of Law and Security in Indonesia Programme Component 1: Support to the Fighting Against Corruption|
|Status/Starting Date:||The project proposal was completed on the 19th May. By the end of July it should be known whether the proposal has been selected by the European Commission|
|Executing Agency:||UNODC Jakarta is the lead agency. UNODC's partners are Transparency International Indonesia (TII) and Indonesia Corruption Watch (ICW). UNODC's Associates are the Basel Institute on Governance and GTZ.|
2. Project Description (Background & Justification)
Indonesia's susceptibility to corruption flows from systemic weaknesses in governance. Continuing initiatives to strengthen flaws in law enforcement (LE) agencies and national anti-corruption strategies are needed to effectively curb corruption in the country. Although government initiatives such as the Corruption Eradication Commission (KPK) and the National Plan on Corruption (RAN-PK 2004-2009) have, in varying degrees, positively contributed to Indonesia's fight against corruption, the full effectiveness of these initiatives is impeded by several challenges.
One of the important challenges relates to the KPK's coordination and supervision (C&S) function. KPK's C&S function, mandated by Law 30/2002, comes under two broad categories; repression and prevention. C&S in the area of repression, encompasses KPK's C&S of corruption cases managed by the Attorney General Office (AGO) and National Police (INP). Current coordination activities do not go much beyond an annual coordination meeting between KPK, AGO and INP. Supervision is based on the management and review of Investigation Commencement Notices (SPDP) and progress reports sent to KPK from INP and AGO offices around Indonesia. C&S activities in the area of prevention, under the Deputy of Prevention, take the form of analysis, studies and coordination meetings with government institutions to encourage compliance or development of strengthened anti-corruption governance measures. However, KPK's C&S of cases handled by AGO and INP suffers from low SPDP and progress reporting numbers and untimely delays. On the prevention side, the KPK C&S of government agency governance initiatives lacks priority, clear organisational mandate and a designated team under the Deputy of Prevention. The reasons for the shortcomings include: (i) lack of resources and technical capacity; (ii) non-effective implementation of AGO and INP MOUs; and (iii) the absence of robust policy, operational mechanisms and supporting software to strengthen the C&S function.
While KPK's C&S prevention activities will be addressed under the project, the focus will be on boosting KPK's C&S in the area of repression which is in line with realisation of KPK's 2008-2011 Strategic Plan's C&S goals. KPK goals on the repressive side include more efficient and effective case coordination with and supervision of AGO and INP in anti-corruption investigations and prosecutions. In the area of prevention, KPK aims to strengthen its oversight apparatus to affect broad governance improvements. Progress towards such goals directly correlates with the European Commission's (EC) specific priority to enhance KPK's coordination role and supervision function. KPK's recently established a 3-member Special Task Force (STF) for C&S and the ad hoc staff engaged in C&S prevention activities, along with officers from the Directorate of Repression and Prevention, are to be the principle targets to benefit from outcome 1 under the project. In addition, the SPDP reporting counterpart teams in the Special Crimes Division of the AGO and Directorate III of the Criminal Investigation Department of INP, charged with investigating corruption cases, will also directly benefit. In total, 230 KPK, AGO and INP officers will be reached through the projects first outcome of strengthening KPK C&S role.
Outcome 2 under the project relates to strengthening investigation, prosecution and coordination capacities of Indonesian law enforcement agencies through specialised trainings on advanced technical and operational knowledge. Following basic training needs assessments carried out by the applicant and partners, several gaps in this area were identified. First, Indonesian law enforcement officials often lack technical and managerial capacity to deal with complex corruption cases. Second, there is a lack of experience in asset recovery and international cooperation in investigations. Third, past training initiatives are often too theoretical and not of practical relevance to law enforcers daily tasks. The project will deliver practical trainings on interviewing skills, forensic accounting review, asset tracing and recovery, fraud/corruption prevention, covert surveillance, and financial and computer forensic investigations to personnel from KPK, AGO, INP, the State Audit Board (BPK), the Indonesian Financial Investigation Unit (PPATK) and the Anti-Corruption Court (Pengadilan Tipikor). 420 investigators, prosecutors, judges and auditors from the abovementioned institutions will be the primary target groups of the specialised trainings.
The RAN-PK 2004-2009 has been confronted by a distinct set of challenges. First, there is uncertainty around the RAN-PK's future after its mandate expires in mid-2009. The National Development Planning Board (BAPPENAS) have indicated that it may integrate the RAN-PK into a new National Plan on UN Convention against Corruption Implementation (Stranas UNCAC). However, it is equally possible that a separate extension of the current RAN-PK will be enacted. Ultimately, how a new national anti-corruption plan is embodied depends on the priorities of the new government. Given this uncertainty, the project has been designed to support core anti-corruption principles common to both possibilities. During its period of operation, RAN-PK implementation predominately suffered from weak coordination, prioritisation and systematic implementation. Consequently, overall implementation of the RAN-PK has been piecemeal in nature. Outcome 3 under the project is that Indonesia's anti-corruption strategy (RAN-PK and/or its successor) and its implementation will be strengthened through improved stakeholder involvement and coordination. This will be realised through the establishment of a multi-stakeholder Anti-Corruption (AC) Forum mandated to act as an analytical, coordinative, advisory and monitoring body on government corruption prevention initiatives. Public participation will be enhanced through ongoing media and civil society involvement in AC Forum meetings. The RAN-PK outcome targets stakeholders that have been most involved in affecting anti-corruption policies in the areas of prevention and monitoring/evaluation: the Indonesian Ministry of Administrative Reform (MenPAN), BAPPENAS and KPK. Other target groups include NGOs that are involved in monitoring implementation of government AC policies, media as a representative of the public interest, private sector bodies and academia. In this context, the dual EC priorities of strengthening (i) support to effective RAN-PK implementation with particular focus on corruption prevention and public participation and (ii) RAN-PK monitoring and evaluation, are directly targeted by the project.
To jointly carry out the project, the United Nations Office on Drugs and Crime (UNODC), Transparency International Indonesia (TII), Indonesia Corruption Watch (ICW), Basel Institute on Governance (the Basel Institute) and the Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) have formed a consortium. Each of these agencies are in their own merit leaders in the fight against corruption globally as well as in Indonesia.
3. Overall Objective, Outcomes, Outputs & Activities
To support Indonesia's fight against corruption by strengthening the Corruption Eradication Commission (KPK), providing specialised anti-corruption trainings and through strengthening the implementation of the National Project Plan on Corruption Eradication (RAN-PK).
Outcome 1: KPK's coordination and supervision (C&S) function strengthened
1.1 Output 1: Evaluation of KPK's current coordination and supervision function
1.2 Output 2: Development of an improved C&S policy, operational mechanism and supporting software
1.3 Output 3: Training related to the improved KPK C&S policy, SOPs and supporting database carried out
Outcome 2: Anti-Corruption agencies investigation and prosecution capacities built through Specialised Trainings
2.1 Output 1: Specialised training programmes carried out
2.2 Output 2: Improved coordination techniques and operational cooperation between law enforcement agencies
Outcome 3: Strengthened anti-corruption strategy (RAN-PK and successor) and its implementation through improved Stakeholder Involvement and Coordination
3.1 Output 1: Anti-Corruption Forum established
3.2 Output 2: Studies on Government Anti-Corruption Reform including UNCAC implementation carried out
3.3. Output 3: Kormonev Implementation Survey