Respect the Process of Judging the Material of the KPK Law at the Constitutional Court
By: Ahmad Pahlevi) *
The Corruption Eradication Commission (KPK) has submitted a judicial review of the revision of the KPK Law in the Constitutional Court (MK). This method is considered elegant and in accordance with the Indonesian spirit of law. The public is asked to be patient and respect the series of material testing processes.
Pros and cons about the revision of the KPK Law are still rolling. At present, the KPK has officially submitted a material test of the new KPK Law. Previously, the KPK Law Revision continued to be debated. Starting from the formal defect to question Jokowi’s attitude. However, basically the statement of President Jokowi’s attitude to respect the judicial review process is true. Because, the Constitutional Court’s decision to get permanent legal force since spoken and no legal efforts can be taken. This decision is final in the decision of the Constitutional Court in the Act. Which also includes legal force that is binding (final and binding). As stated in the Elucidation of Article 10 paragraph (1) of Law 8/2011
Based on the above provisions it is clear that the Constitutional Court’s decision is final and binding. Means, due to the law issued after the decision of the Constitutional Court’s decision must be obeyed, including by the Parliament or the Government. If there is a regulation in an article in the Act that is canceled by the Constitutional Court and is declared invalid or does not have binding legal force, then it is not appropriate if the Parliament or the Government rearranges the norm in other laws.
Even so, in reality, the DPR or the Government could have issued a new form of law governing the same thing even though the previous article had been liquidated by the Constitutional Court. However, in terms of legal ethics, this can be considered as an attempt to neglect the Constitutional Court’s decision. Which later can be a source of legal problems in the future. Based on the explanation above, efforts to honor the President of the judicial review by the Court must be respected. So that people are encouraged to be patient and wait for the right decision.
Previously, a number of parties including the former KPK leader Agus Rahardjo, submitted a formal test of the Constitutional Court. In this submission, the petitioners and attorneys do not act on behalf of the institution, but personally as citizens. Their application was registered at the Constitutional Court under number 1927-0 / PAN.MK / XI / 2019. Laode Muhammad, one of the petitioners, questioned the discussion of the KPK Law revision which took place relatively briefly. Nevertheless, the speed of the revision of the KPK Law was even considered to have passed the legislative formation mechanism. Whereas, the fact is that the DPR did not first consult the public over the planned revision of the KPK Law.
The decision on this lawsuit did not directly focus on constitutional resistance to the KPK Law. However, these petitioners still expect President Jokowi to issue a Perppu to cancel the KPK Law. Do not dismiss if the Corruption problem is the main enemy of the Indonesian Nation. On the other hand, the Corruption Eradication Commission Law was made not to weaken the Corruption Eradication Commission, but instead strengthened the anti-racial institution. The KPK Law is considered to have a number of articles that are not appropriate given the 17-year course of this Act.
So that this revision is considered a refinement of the previous law. In addition, the substance to be changed is also declared not entirely. Only at points that are considered inadequate to be used as legal references. Or not in accordance with the legal events that occurred in this era. At that time a number of demonstrations voiced about the KPK Law which was considered to be castrating its performance. In fact, the law which has overshadowed all legal eradication processes requires revitalization.
Various demonstrations were held in the name of the people. However, eventually the demonstrators realized that the resolution of this problem could be taken by judicial review rather than fanfare on the streets and was ineffective. It is hoped that through this Judicial Review, the Court will give a final and fair decision. Regarding criticism of Jokowi’s attitude, let us review again. Bearing in mind, the behavior of the number 1 person in Indonesia is also in accordance with procedures. After all, Indonesia is not in a situation of legal vacuum right? So it is better to be patient waiting for the Constitutional Court’s decision regarding the efforts to submit this Judicial Review. Entrust to those who are more competent in their field.
Because, there’s no harm in waiting for a legal process that runs more patiently. So when there are changes there will be no overlapping decisions. Which later will trigger more chaos between related parties.
) * The author is a social political observer
