By: Alfisyah Kumalasari )*
Various groups have aggressively forced the President to issue a Perppu on the KPK, but this does not seem to be necessary to cancel the KPK Law which has just been ratified by the DPR. That is because the KPK Law does not reduce the duties and authority of the KPK and the Perppu is the President’s prerogative. In addition, the material testing process is ongoing in the Constitutional Court so that the public needs to be patient in waiting for the series.
Various polemics in the community appear to be too politicized and simplified so they cannot see clearly the problems that arise.
Former Chairman of the National Commission on Human Rights Siti Noor Laila rate, the current KPK Law does not only strengthen the KPK, but also makes the KPK on the right path.
According to Laila, the push for the President to issue the KPPU Perppu was irrelevant because it was sufficient to use the current democratic mechanism.
As an institution that is quite crucial in Indonesia, especially in terms of eradicating corruption, according to him the KPK conducts a comprehensive evaluation, because even though it has been around for 17 years, corruption has not diminished significantly.
17 The year the KPK is running, certainly requires reflection and evaluation, the fall in the pre-trial 5 times and the Supreme Court’s appeal, shows that there is a mechanism that is not strong enough in the KPK.
Laila believes that the supervision mechanism can reduce the possibility of the defeat. Because there is a strong supervision so that the procedural in investigation can be carried out according to the procedure so that it is strong enough to have to face pre-trial.
He also explained that the public’s expectations of the KPK were very high, this is evident from several surveys that were trusted by the community. Therefore the KPK must be strengthened and guarded by its spirit.
Laila hoped. So that there are no more vulnerable mass movements to be welcomed by certain groups, if you object to the passing of the new KPK Law, of course the wise step that can be taken is to conduct a judicial review. This will certainly be an interesting discussion at the same time educating rather than demonstrations that are vulnerable to riding.
Regarding the issuance of the KPPU Perppu, this has become a decision, so that every citizen must be obedient even though he also remains critical, but all criticism would be wonderful if it was delivered in an orderly, peaceful and in accordance with applicable regulations.
So what happens if the Perrpu is issued, of course we can see during the time of President Susilo Bambang Yudhoyono who at that time issued a Perppu related to the Regional Head Election Law (UU Pilkada). After the Pilkada Law was signed, the President issued a Perppu which meant the Law was no longer in effect. If it is partially revised, it means that the Perppu will eradicate certain articles in the Amendments to the KPK Law which are considered not in accordance with the wishes of the President and the public.
Later what will apply is the amendment to the KPK Law that has been passed and the Perppu makes certain articles. Meanwhile, if the Perppu is postponed, it means that the amended KPK Law amendment cannot be applied for a certain period of time, and during that certain period, the President and the Parliament will review the Amendment to the KPK Law.
We certainly have to understand that whatever decisions and policies issued by President Jokowi must be in the interests of the country, not because of pressure from certain parties.
Moreover, the pressure regarding the issuance of the KPPU Perppu appeared shortly after the revision of the KPK Law was passed by the DPR, after going through a long and comprehensive discussion with the government.
We also need to understand that the KPK is an institution that uses laws, of course the KPK does not need to carry out political maneuvers in ways that violate ethics.
Golkar Party politician Firman Soebagyo said that President Jokowi could not be urged by certain parties to issue government regulations to replace the revised KPK Law.
Firman suggested that those who were not satisfied with the results of the revision of the KPK Law could submit material tests to the Constitutional Court. According to him, this method was better than pressing the president to issue a Perppu.
The former DPR RI Legislative Member said that the revision of the KPK Law was part of the state process as regulated in the law. Therefore, if there is pressure on the Head of State to issue a Perppu, this can be considered inappropriate.
The Presidential Decree regarding the issuance of the Perppu MK, certainly for the benefit of the state, is a natural thing if it reaps the pros and cons. Urging the President is certainly not the right choice.
)* The author is a social political observer