By: Alfisyah Kumalasari) *
Polemic Revision of the KPK Law is in a new episode as demonstrators demand that President Jokowi issue a Perppu. In fact, the issuance of Perppu requires a urgency that forces and enters the prerogative realm of the President.
Some time ago we were faced with a situation of various kinds of rejection related to the KPK Bill, which until now has reaped a polemic. Not only the draft draft, but also suspected related revision results. When various groups in droves voiced their rejection related to this problem, Jokowi was judged to be soft. He received a lot of entries, but it seems that Jokowi needs to remain careful in matters of issuing this Perppu.
The Perppu, which is a Government Regulation in lieu of the KPK Law, is as suggested by a number of community leaders so that in the process of spending it does not mislead the President or the public. Indriyanto Seno Adji as the Former Acting Commission (Plt) of the Corruption Eradication Commission, the main requirement for the issuance of this Perppu must meet the constitutional rules in accordance with article 22 of the 1945 Constitution. asalan
In addition, the President can only issue a Perppu if there is a compelling urgency, or is very urgent. This means that this Perppu will be issued in the event of a situation or urgent need to resolve legal issues appropriately on the basis of the Law. In addition, the required law does not yet exist, so there is a legal vacuum. In other words, there are laws which are inadequate.
Regarding this legal vacuum, it cannot be overcome by making laws in the usual procedure that takes a long time. Meanwhile, this urgent situation needs certainty to be resolved. On the other hand, in understanding and constitutional requirements, there is no urgency that forces and requires President Jokowi to issue a Perppu on the revision of the KPK Law. In this connection the President is not in the capacity to issue Perppu, so it is hoped that he is not trapped in violating the Perppu’s constitution to revise the related KPK Law. You could say if the recommendation to publish this Perppu is a solution that is considered to be misleading, and will position the President in a deception that will substantially violate the constitution as well as the realm of law.
Another possibility is, the existence of political engineering that wants the President to enter into the black hole of violation of the constitution, the implication is legally impeachment. This pattern is considered as a mode that is considered unwise. The best solution to the polemic in the revision of the Corruption Eradication Commission Law that is legal and constitutional is to provide a legal solution media through the application of material tests to the realm of the Constitutional Court. Or the President can wait for the Constitutional Court’s decision on the material revision of the KPK Law obtained from several components of society that are being tried by the MK.
An expert in Constitutional Law, Margarito on Thursday also stated that Jokowi would be careful about this. For example, he said that SBY had experienced something similar to what Jokowi experienced at the moment relating to the polemic of the KPK Law. At that time SBY issued Perppu No. 1 of 2014 in order to cancel the Election Law, which had previously been ratified by the DPR through the Election Law precisely on September 26, 2014. Indications after the issuance of Perppu by SBY on this election did not improve, instead it got even worse.
Margarito also cautioned that Jokowi be careful in recognizing constitutional requirements for issuing Perppu. Jokowi cannot make a decision because of a push. The reason for the issuance of this Perppu must be conceptual and philosophical.
Margarito was aware of the voicing of aspirations from various circles for President Jokowi to issue this Perppu. But he also warned that the KPK Law had been passed by the DPR and the government. In addition, the application of the KPK Law is expected to be able to create transparency and accountability.
Margarito added, the matter of eradicating corruption at this time was not due to the weakness of law enforcement agencies and regulations relating to eradicating corruption. According to him, there is another indication that the engine of corruption production is direct election. This can encourage many parties to move in a corrupt manner.
Various aspirations that came out seemed to be input to President Jokowi. Given the overall shading of the number of people who are not small in the frame of the Homeland is indeed not easy.
However, it remains a wise figure to lead the country, not to obey Jokowi’s aspirations to be entangled in a hole that will make it difficult for his future steps. Hopefully this polemic will end soon, and there will be a meeting point that can dampen both parties who disagree.
) * The author is a social political observer
