The Southeast Asia Anti-Corruption Union (Sea Actions) is embarking on a review to assess adherence to the 16 principles specified in the Jakarta Statement on Principles for Anti-Corruption Agencies, established in 2012. Sea Actions President Tan Sri Abu Kassim Mohamed underscored the necessity for anti-corruption agencies to be granted a robust, independent legal framework. He highlighted that independence is pivotal, particularly regarding how the agencies are mandated—whether via a constitutional provision, legislation, or administrative actions.
During a Special Forum titled “Jakarta Statement – Asean’s Solution Against Corruption,” broadcasted on Sinar’s digital platforms, Abu Kassim articulated that mandates issued administratively are inherently weak. In contrast, constitutional mandates enjoy greater resilience against potential abolishment or modification, as they require a two-thirds majority for any amendments.
The forum featured notable panelists, including Nurhayati Nordin, the CEO of Rasuah Busters, and Mochamad Praswad Nugraha, the Chairman of Sea Actions, and was hosted by Haizir Othman. Abu Kassim, who formerly held the position of Chief Commissioner of the Malaysian Anti-Corruption Commission (MACC), reiterated that placing anti-corruption bodies under constitutional authority is essential for enhancing their transparency, independence, and integrity.
He identified three critical components for effective anti-corruption agencies: operational independence, proper financial allocations, and well-defined appointment processes. He stressed that an independently operating agency does not favor any political connections, ensuring that all suspected instances of corruption are investigated, regardless of affiliations.
Moreover, he emphasized that the authority to initiate investigations should rest within the agency itself, particularly with its leadership. To empower anti-corruption institutions, a solid structural framework is vital, including the clear stipulation of mandates through legislative or constitutional channels, oversight body roles, and the method for appointing key officials such as the chief commissioner.
In summary, the discussion spotlighted the fundamental need for improving the operational framework of anti-corruption agencies in Southeast Asia, advocating for constitutional backing to safeguard their independence and effectiveness in combatting corruption.
