By: Erlangga Pratama *)
Since October 17, 2019, the Law on Corruption Eradication Commission (KPK) revised results has been valid to be implemented, and since now the anti-rasuah institution currently held by Inspector General of Police Firli has a legal umbrella that is expected to be able to bring organizations stronger and more fierce in capturing and bring corrupt prisoners to court.
If there are still groups who are “not satisfied” or “suspect” the revised KPK Law wants to conduct a judicial review to the Constitutional Court (MK) as stated by one of the BEM Presidents from well-known universities in Bandung, West Java, they even expect President Jokowi to issue a Perppu. Perppu itself is regulated in the Law on the Formation of Laws and Regulations, actually is a useless maneuver, because various academics, legal practitioners, lawyers and others have believed that the revised KPK Act is not to weaken the KPK, but strengthen the institution which has succeeded in handcuffing hundreds of politicians, former state officials, businessmen and other corruptors.
The author actually realizes that there are still elements of students or activist organizations that are “suing” the revised KPK Law. However, if the refusal militancy is not derived from the results of their reading or analysis related to the new KPK Law, even more ridiculous is only based on information from social media that is “relevant, actual, timelines, completeness and accuracy” or known by the structure of the algorithm is still it is questionable, it is clearly very unfortunate, because the news on social media is not yet clear about the source and the truth.
But the BEM also should pay attention to Dr. Supardji Ahmad SH., MH. According to the Head of Law Study Program at Al Azhar Indonesia University, students if demonstrating must discuss the substance before taking action, if you do not understand the substance you will be embarrassing yourself let alone be watched by many people, so the conclusion you must understand and be diligent in learning and mastering problems . However the government’s move to revise the KPK Law is the best step, because the KPK is now widely used by a handful of people who have a group interest, even though the mandate of the law requires the KPK to be neutral.
One of the vulnerabilities of the current action is that it is more influenced by the community now that the KPK has been weakened, even though the revision was made as an adjustment to the current era. Deliberation as a medium for problem solving is an Indonesian culture that must be upheld in accordance with the ideology of Pancasila. From this, Indonesia reflects on foreign law that has imposed social sanctions on lawbreakers, including corruptors.
According to Prof. Dr. H. Faisal Santiago, S.H, M.M, KPK is an executive institution that has independence in dealing with corruption. The formation of the Supervisory Board is to improve the performance of the KPK in handling cases. Furthermore, in relation to the wiretapping mechanism which is classified as a violation of human rights, a reporting mechanism is needed so that the KPK does not intercept arbitrarily.
“Institutions as large as the Corruption Eradication Commission should be able to resolve large cases whose value is above Rp. 100 million and must be given a maximum of 2 years to complete, otherwise there must be SP3. Then the staffing system became ASN so that the status of the KPK employees became clear, “said the Professor of Law at Borobudur University.
If the BEM or other activists want to do a judicial review or legislative review related to the KPK Law, it seems they need to understand what the meaning and difficulties will be. However, Indonesia as a state of law has a path in resolving debates relating to law including judicial review, legislative review, and Perpu. The KPK Law paradigm raises the perception that if the country has major problems in terms of corruption, then through this procedure the public can submit aspirations if they object to the revision of the KPK Law.
Through Judicial Review, the Act can be seen whether it is in accordance with the 1945 Constitution and all elements of society can submit a judicial review. However, judicial review has weaknesses, namely the lengthy process with an estimated time of at least one year and the law must have been valid if it will submit a judicial review.
Then if through legislative review is used in order to review the law that has been passed through political mechanisms and political interests in it which is a weakness of the legislative review. Students and activists must want, the most critical MPs such as Fadli Zond and Fachri Hamzah, said, to support the revision of the KPK Law.
Meanwhile, the Perppu was issued in a state of urgency in a relatively faster time. However, there is a need for DPR approval if the Perppu will be passed into law.
According to the authors, the existence of the revised KPK Act actually strengthens and strengthens the mechanism because in each indictment or claim can be justified legally with the minutes published by the KPK Supervisory Board. If the President issues a Perppu, then the state’s morale could be bad because it has just been ratified and is immediately replaced by the Perppu. Therefore, Jokowi’s step not to issue a Perppu related to the revision of the KPK Law is the right and brilliant step, because it is based on law strategic assessment that can be accounted for. Hopefully
)* The author is an observer of legal issues