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Considering the Profit and Loss of the President Issued Perppu on KPK Law

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By: Ahmad Pahlevi) *

Perppu KPK is the prerogative realm of President Jokowi. Even though it is the President’s right, the issuance of the KPPU Perppu is considered to give a lot of losses because it does not solve the problems that occur. Those who object to the KPK Law Revision can also pursue Judicial Review in the Constitutional Court.

Professor of the Law Faculty of Padjadjaran University in Bandung, Prof. Dr. Romli Atmasasmita appealed to the public, so as not to plunge President Jokowi by urging him to issue Government Regulations in lieu of Laws (Perppu).

According to him, the issuance of the KPPU Perppu prior to the revision of the KPK Law was legally promulgated, potentially violating Law No. 12 of 2011 concerning the Formation of Legislation and can be impeached. He said.

In this regard, the formulator of the 2002 KPK Law advised the president to immediately enact the results of the KPK Law revision, which was passed by the Parliament last September. In addition, it also accelerates the inauguration of the new KPK.

If the President issues a Perppu to cancel the KPK Law, so that the new law becomes invalid, there will be overlapping with the Constitutional Court’s decision later.

Moreover, if finally the Constitutional Court’s decision later rejects the request for judicial review, which means that it will still ratify the new KPK Law. Meanwhile PDI-P politician Yasonna H Laoly asked President Jokowi not to issue a Perppu, he considered that the revision of the KPK Law was appropriate.

He claimed the revision carried out by the DPR and the Government was aimed at improving the KPK. Therefore, Yasonna asked the public to see in advance how the KPK’s performance after the revised UU was hammered.

He also appealed to the public not to immediately think bad that the revision could weaken the KPK. He also requested that the public stop pressing the President to issue a Perppu. He also invited the public not to civilize pressure, to regulate everything through constitutional channels.

It is true, the President has the authority to issue Perppu, however, the Perppu also needs to be discussed jointly by the DPR. Although the Perppu is seen as the only choice that can be made by the President to fulfill the wishes of the majority of the public in saving the KPK, there are some figures who view that the Perppu does not need to be published.

Certainly not without reason these figures say that, the President does not need to issue a Perppu. One of them was Vice President Jusuf Kalla, in which he expressed his disagreement if Jokowi issued a Perppu as a step to overcome the polemic of the KPK Bill that had already been approved by the DPR.

According to JK, there are still other ways that can still be taken by the President, one of them is through the Constitutional Court (MK), namely through judicial review in the Constitutional Court. It was considered the best way because it was more appropriate. In addition, JK also said that issuing a Perppu was similar to dropping the authority of the Government, which had just approved the DPR to revise it.

On different occasions, the coalition parties supporting Jokowi also voiced their disapproval of the formation of the Perppu. The agreement was conveyed to the President by the chairmen of the political parties in a meeting at the Palace. The Coalition said that the issuance of Perppu was the final and final step that could be taken if needed. Before that, there were still constitutional paths that could be taken.

This disagreement was conveyed to the President by the chairmen of political parties in a meeting at the Palace. The coalition said that the issuance of Perppu was the final and final step that could be taken if needed. Before that, there were still constitutional paths that could be taken.

PPP Secretary General Arsul Sani said that the President should have considered the input provided by the Political Parties that supported him, because after all the votes obtained by Jokowi in the presidential election yesterday were mostly derived from the work of political parties.

This means that there is no urgency for President Jokowi to release the Perppu on the KPK Law. That is because the revision of the KPK Law aims to strengthen interfaith institutions. We do not need to be too excited about issues related to the weakening of the KPK by the revision of the KPK Law, all of these will certainly have evaluations, so that we don’t be provoked into having to force the President to issue a Perppu.

) * The author is a social political observer

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