Rasuah & Salah Guna Kuasa : Apakah harapan dari Pakatan Rakyat?
April 30, 2008 by admin
RASUAH & salah guna kuasa – Ini terma ciptaan dan kita percaya sudah pun menjadi buah mulut pimpinan Pakatan Rakyat. Sebelum tercipta Pakatan Rakyat lagipun isu rasuah dan salah guna kuasa menjadi peluru untuk menembak bertubi-tubi kerajaan BN.
Hari ini percaya atau tidak lima negeri sudah dalam pentadbiran Pakatan Rakyat hampir 2 bulan. Banyak yang sudah kita dengar. Dalam menilai secara konstruktif kita yakin dan percaya bahawa ada positif dan ada yang kedengaran negatif tentang pentadbiran di negeri-negeri tadbiran Pakatan Rakyat.
Jika sebelum ini kita dengar tentang hentaman hebat soal perilaku rakus Bekas MB Selangor tentang isu setinggan, rasuah dan salah guna kuasa. Hingga hari ini manakah fail dan dokumen jika benar terdapat rasuah dan salah guna kuasa yang dibuat. Di negeri Kedah, Pulau Pinang, Perak dan Selangor pasti dapat mengeluarkan dokumen bukti perlakuan rasuah dan salah guna kuasa tersebut.
Ataupun sebenarnya hampir tidak ada salah laku rasuah yang dilakukan. Lazim untuk kita melihat pendedahan adalah akibat terlalu banyak penyelewengan yang dilakukan, namun jika terlalu pasif gerakan pendedahan yang dilakukan maka seolah-olah harapan buat melihat pesalah rasuah dan salah guna kuasa di hukum adalah semakin malap?
Mungkin terlalu licik pimpinan yang lalu hingga tulang rasuah pun tidak dapat untuk dihidu dan dijumpai. Kita generasi baru ingin melihat keberkesanan idealisme di terjemah menjadi kata dan laksana kerana kita yakin bahawa perjuangan adalah pelaksanaan kata-kata.
Jika Anwar Ibrahim dengan laungan Lawan Tetap Lawan, sudah pasti dalam menangani isu rasuah dan salah guna kuasa juga tetap komited dengan inti pati makna laungan tersebut.
Jika dahulu kesukaran mendapatkan maklumat yang lebih tepat dan jitu menjadi halangan, ternyata hari ini dengan ruang sebagai parti yang memerintah keempat negeri baru di tawan ini memudahkan akses untuk meneliti dan membongkar rahsia rasuah pemimpin terdahulu.
Adalah mengaibkan jika yang selalu bercakap soal kebenaran dan kini punyai ruang untuk membedah dan merawat penyakit rasuah dan salah guna kuasa dengan kuasa yang ada di tangan dilengah-lengahkan.
Ataupun isu rasuah dan salah guna kuasa secara berleluasa oleh kerajaan terdahulu hanya momokan fitnah pembangkang sebelum ini. Ini bukan tuduhan, tetapi sekadar perkongsian untuk beringat tatkala kuasa dalam genggaman buat merubah apa yang sebelum ini kita klasifikasikan sebagai yang mungkar.
Apakah bentuk makruf yang mahu di buat Pakatan Rakyat jika bukan dengan kita membawa yang makruf secara agresif dan secara optimum pelaksanaannya.
Jangan hanya tinggal harapan sahaja buat rakyat untuk melihat para penguasa yang rakus memakan rasuah terus bebas buat seolah-olah diri mereka dimaafkan. Peranan dan tanggungjawab ini perlu lebih dipukul oleh sang penguasa yang telah pun meletakkan diri mereka sebagai pejuang rakyat. Apakah makna pejuang rakyat jika akhirnya apabila berada pada tampuk sang penguasa masih lagi ragu-ragu lagi atau masih kabur untuk menerobos rahsia mungkar pemimpin sebelum ini.
Jika ia benar maka selidikilah dan menentukan bentuk pengajarannya. Jika tidak benar, adakah permohonan maaf itu perlu? Apakah setelah berdaulat maka lain yang dikata maka lain yang di kota? Soal amanah dan kepimpinan adalah urusan besar yang gunungpun tidak tertanggung bebanan ini.
Jangan hingga politik haiwan yang menentukan arah penujuan kita. Penyelesaian isu rasuah perlu lebih lantang untuk disuarakan apatah lagi dalam keadaan kerajaan pusat sudah beria menubuhkan Suruhanjaya Anti Rasuah Malaysia. Jika tidak, harapan hanya tinggal harapan.
di petik dari www.malaysia-hariini.com
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Slm
For a crime or any wrongdoing to be acted upon, there has to be sufficient evidence or enough proof along with witnesses to convict the individuals involve in a court of law. Without evidence or proof it will be nothing more that just allegations. I remembered a few incidences after the recent GE where official documents were shredded and files of important documents went mysteriously missing from interestingly enough government departments. Yes thanks to the wonders of the internet. ;>
Some said that it’s a normal procedure and the original copies were still in tact but definitely the actions will arouse curiosity amongst the rakyat. Never did once one would hear of such “procedure” being done before and for the “procedure” to be carried out right after the general election during the midst of administration changes would definitely cause stronger suspicion about any wrongdoing being covered up. If there was really nothing to hide, why shred the documents and why did files of documents went missing? Wouldn’t you want your successor to know all the good deeds that you have done as an example or guideline for him/her to follow? Even if the documents were and still are classified under the OSA act, what harm could good deeds bring by letting your successor or even the rakyat know about it for that matter? <:-)
I don’t know exactly what the ruling government wants as I am just an ordinary rakyat but I do have an idea of what I hope for a better future for me and my children and my grandchildren and so on. I have an idea of what the administration wants through press conferences and the news. But I would like to talk about what I do know which is what I hope and want.
Well for staters, a truly independent ACA or as proposed M-ACA would be a move in the right direction. I’ve read what was proposed, em, I don’t know about you but there’s room for doubt whether it is going to be truly and unequivocally independent. Why don’t we start with section 3 of the Anti-Corruption Act 1997.
“The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a Director-General of the Anti-Corruption Agency from among members of the public services for such period and on such terms and conditions as may be specified in the instrument of appointment.”
Having a Director General who has never been a member of the public service or a part of the government would be better. He/she will not have the mindset of being a part of the government which could create conflict of ideas or doubt when making any decisions.
A committee set up with respected members of the rakyat, professionals from various backgrounds, members of the judiciary or whoever seems fit and competent can shortlist best candidate for the post of the DG. Members of the committee should be change every time the need for a new appointment of DG arises to ensure the transparency and credibility. Get consensus from various organizations, ngos, both private and non private sectors or, well mix all around opinions, from trustworthy sources on who should be on the committee. Then have the candidate recommendation by pass the prime minister and straight through to YDP Agong (DaulatTuanku) to act on his prerogative would ensure that the elected DG does not owe anyone or the government for his appointment. The only subject he/she is obligated to or in debt with is the rakyat where he/she is required to act and carry out his/her duties accordingly. To have “God is my guidance and my savior and I’m nothing more than his servants and its my utmost responsibility to uphold the rakyat’s best interest and I’m the rakyat’s servant when I carried out my duties” mindset or somewhat along those lines would be so much better than having “I’m appointed by YDP Agong (Daulat Tuanku) on the recommendation of the prime minister therefore I owe my livelihood to PM” mentality. Now lets take a look at the rest of the act.
“The period of appointment of the Director-General shall not extend beyond the date of his compulsory retirement from the public service, but where he so attains the age of compulsory retirement he may be re-appointed as Director-General by the Yang di-Pertuan Agong, on the advice of the Prime Minister, on contract for such period and on such terms and conditions as may be specified in the instrument of appointment.”
“The Director-General shall, during the period of his appointment as set out in the instrument of appointment, hold office at the pleasure of the Yang di-Pertuan Agong, subject to the advice of the Prime Minister.”
“The Director-General shall, during his term of office as such, be deemed to be a member of the general public service of the Federation for purposes of discipline.”
As you can see the whole appointment of the DG, from the very beginning, right though the extension of his/her service is riddle with the Prime Minister and the government. If that does not owe the Prime Minister and the government for his/her livelihood than I don’t know what is? How does one knowingly owe someone else or certain body for his/her appointment to the post to act and behave independently and without being bias or prejudice to all? How do you expect the DG to act accordingly or to uphold the law with a free and clear conscience?
How do you expect the DG to take legal actions against anyone or any party or any organization, regardless of race, creed or color, when he/she knows that he/she owes the prime minister and the government in the first place? Don’t you think he/she would act a certain way knowing that his/her designation is a result of certain individuals or certain body’s recommendation? Don’t you think he/she would act a certain way knowing that he/she might get an extension of service from the YDP Agong (Daulat Tuanku) with the recommendation of the PM and the government? With that thought in his/her mind, do you think he/she would have the rakyat’s interest at heart when he/she carries out her duties?
Throughout his/her designation as DG, he/she is considered as part of the government. How could he/she be truly independent if he/she is a part of something? The definition of the word independent is “as free from external control and constraint, an independent mind, a series of independent judgments, fiercely independent individualism”. More appropriate to the topic would be “autonomous: (of political bodies) not controlled by outside forces, an autonomous judiciary, a sovereign state” and regarding the DG “a neutral or uncommitted person (especially in politics)”. I’m sure you’ve got the picture but here’s the last one “not controlled by a party or interest group”. How do you expect the DG of the ACA, or the ACA, or the propose M-ACA to be truly independent when it is definitely NOT from the very beginning?
Another interesting point is that if the ACA is independent all along, why does it to rely of the Attorney-General’s chambers to carry out its prosecutions? Isn’t the AG part of the government or in simple term a part of something? Whats the point of the ACA being independent if it has to rely on the AG to act or to take actions against those regardless of who they are or what organization or department it may be? What’s the point of the ‘independent’ ACA having its own deputy public prosecutors when it has to rely on the AG? The AG went through the same process of appointment as what is stated under the law. How do you think he/she will act after he/she has gone through the same process which is with the recommendation of the PM, be appointed to the post by YDP Agong (Daulat Tuanku)? The proposed reform of the judiciary system is another topic itself which I personally have a few things on my mind that I would like to share. Perhaps some other time would be appropriate.
The DG has responded to the matter being brought up recently and I would like to share the excerpts from the article for your enjoyment.
“While the Anti-Corruption Agency (ACA) remains ‘independent’, there are certain areas where it may initiate investigations only following a directive from the Attorney-General’s Chambers. “One such instance is where there is no clear-cut act of corruption that falls within the ambit of the Anti-Corruption Act,” ACA deputy director-general (I) Datuk Abu Kassim Mohamed said.
“When a purported act does not fall within our purview, we can only act if there is a directive from the attorney-general,” he said over the weekend.
“This was provided for under Section 7(3) of the Anti-Corruption Act 1997. “If we embark on our own investigations without the attorney-general’s directive, our investigations may not be valid,” he added.
As you can see, its all connected. The law, the DG, the AG, and the prime minister and not to forget the government. How could the DG and the AG be truly independent in this predicament that has been created? Let Both the DG and the AG be appointed base without the recommendation of the prime minister. Let the best candidate be recommended to the YDP Agong (Daulat Tuanku) via a committee without the involvement of the PM or the government. Only then the whole system can truly be independent and free to take actions against any wrongdoers regardless of their race creed color or background.
Either way amendments to the law have to be made. I know that since independence up to 2005 the constitutions has been amended 42 times and in the process 650 individuals of amendments were done in total. The original constitution has lost its “sprit” and parts of the original document such as jus soli (right of birth) citizenship, a limitation on the variation of the number of electors in constituencies, and Parliamentary control of emergency powers have been so modified or altered by amendments that “the present Federal Constitution bears only a superficial resemblance to its original model”. It has been estimated that between 1957 and 2003, “almost thirty articles have been added and repealed” as a consequence of the frequent amendments. Now with that aside, which we could discuss at some other time, amending the law is not an issue with the ruling government. It has been doing that since independence. Since the ruling government no longer has 2/3 majority in parliament, amendments to the constitution would have to be agreed upon unanimously by both sides of the divide. IF the amendments are for the better, with the interest of the rakyat in mind, I don’t see any reasons why would any members of the parliament wanna oppose it. To me this is what working together for the common good of the rakyat is all about. Then the ACA would be truly independent and without a doubt can takes actions against those who corrupted, from the highest of power to the elite and all the way down to the rakyat without being prejudice or bias.
So far all of the proposed reforms are just that. Proposals which in laymen term means ‘talk’. The rakyat will pay close attention to the actions that would follow (if any) and whether the actions are full of substance and are truly without a doubt create and free and independent system for the ACA. Me being a muslim would like to remind myself and all of you
That In Islam, service to humanity is a function of their duty towards Allah. The Qur’an says:
“And from among you there must be a society, community or party that should invite people to all that is good and enjoin the doing of all that is right and forbid the doing of all that is wrong.” (Aal-`Imran :104)
And as muslim we should seek out good for ourselves our families and our future generation to come.
“Do good unto others as God has done unto you; and do not wish to plant the seeds of corruption upon Earth, for God does not love those who sow corruption “. (28:77).
Muslims, therefore, are not only forbidden from committing crimes against innocent people, but are responsible before God to stop those people who have the intention to do so, since these people “are planting the seeds of corruption on Earth”.
“For those who persevere in doing good, the supreme good awaits them. Their faces will not be overshadowed by darkness or humiliation (in the Day of the Judgment). They are destined to Paradise, where they will reside (eternally)”. (10:26).
All good things are from Allah s.w.t and all bad things are my own doing. God bless and slm.
p/s: if all hopes fail, I hope that YDP Agong (Daulat Tuanku) will act within his powers to ensure that his rakyat could live in a free harmonious society where practices without bias or prejudice to any race creed or color flourish.