The rise of Kortastipikor: Indonesia’s new anti-corruption force and what it means for businesses | Hogan Lovells

At the end of his administration, President Joko Widodo (Jokowi) established the Police Corps for the Eradication of Corruption (Kortastipikor), marking a significant change in Indonesia’s fight against corruption. This new anti-corruption unit within the Indonesian National Police was officially inaugurated on December 9, 2021 and is part of broader efforts to strengthen the role of the police in handling corruption cases. The establishment of Kortastipikor comes at a time when corruption remains a pervasive problem in Indonesia, and reflects the police’s growing ambition to take a more proactive stance in tackling corruption-related crimes.

Role and responsibilities of Kortastipikor

Kortastipikor’s core responsibilities include preventing, investigating and prosecuting corruption cases, just like its counterparts, the Komisi Pemberantasan Korupsi (KPK) and the Public Prosecution Service (AGO). With the establishment of this unit, the police are expected to complement the work of the KPK and AGO by tackling corruption more assertively at the local level and focusing on issues that do not necessarily fall within the purview of the KPK, which tend to handles high-profile cases. fallen.

The new anti-corruption police force is structured with several departments focusing on corruption prevention, interagency cooperation and law enforcement. The establishment of Kortastipikor signals the intention to strengthen the police’s involvement in investigating and prosecuting corruption, an area in which it has historically been considered less active compared to the KPK and AGO.

Public reception and criticism

Despite the positive rhetoric surrounding its creation, Kortastipikor’s creation was met with skepticism. Critics question whether the police, seen as a laggard in the fight against corruption, can really make a meaningful impact in the fight against corruption. The KPK has long been the leading institution in handling major corruption cases, and the AGO has also been an active player in prosecuting bribery. In contrast, police performance on corruption cases is less transparent and not as well appreciated by the public.

One of the main concerns is that Kortastipikor may overlap with the roles already fulfilled by the KPK and AGO, which will lead to bureaucratic inefficiencies rather than strengthening anti-corruption efforts. Furthermore, the police’s historical involvement in corruption-related scandals has raised doubts about their ability to independently and effectively manage corruption cases within their own ranks.

However, the establishment of Kortastipikor is also seen as a recognition by the government that the police must play a more active role in the fight against corruption. If properly implemented, the formation of this corps can improve the overall framework of corruption prevention and enforcement in Indonesia by increasing coordination among the three key institutions responsible for combating corruption.

Consequences for companies, especially foreign subsidiaries

The establishment of Kortastipikor has significant implications for companies operating in Indonesia, especially subsidiaries of foreign companies. As police take a more assertive role in investigating corruption cases, companies are likely to face increased scrutiny over their business practices and compliance with Indonesia’s anti-corruption laws.

In the past, the KPK and AGO have led high-profile investigations into corruption in both the private and public sectors. With Kortastipikor in place, police are likely to become more involved in investigating local corruption cases, and companies will need to be aware of the possibility of greater police involvement in compliance investigations.

Corruption remains a widespread problem in Indonesia, and foreign companies must remain vigilant and ensure they comply with local laws and regulations. The involvement of multiple institutions, including the KPK, AGO and now Kortastipikor, means that companies can be subject to investigations from different enforcement agencies, each with their own mandate and focus.

The future of anti-corruption in Indonesia

While there remains public skepticism about Kortastipikor’s potential effectiveness, its establishment represents a significant development in Indonesia’s anti-corruption framework. The police, with Kortastipikor in power, have made clear that they intend to play a more proactive role in fighting corruption. This could lead to more coordinated efforts between the police, the KPK and the AGO, which if properly managed could strengthen the fight against corruption.

In the coming years, companies in Indonesia can expect greater police involvement in corruption-related cases. The creation of Kortastipikor marks a shift in the way corruption investigations can be handled, with the police likely to play a more central role alongside the KPK and AGO. As a result, companies must remain diligent in their compliance efforts, especially as law enforcement begins to become more active in this area.

Conclusion

The establishment of Kortastipikor at the end of President Jokowi’s government underlines Indonesia’s ongoing fight against corruption. Despite initial concerns about its effectiveness and potential overlap with existing institutions, the new anti-corruption force could prove to be a vital part of the country’s evolving anti-corruption landscape. For companies, especially foreign subsidiaries, this development underlines the need for increased vigilance and compliance with anti-corruption regulations as the police increase their involvement in tackling corruption and bribery in Indonesia.