By: Dede Sulaiman) *
The revision of the KPK Law entered into a new phase in line with the demands of the public that President Jokowi publish the KPPU Perppu. The discourse on the issuance of the KPPU Perppu is considered to be fabricated because there is currently no urgent situation. In addition, the issuance of the KPPU Perppu will not solve the problem.
PKB Syuro Council member Maman Imanulhaq stated that his party rejected the Government Regulation in lieu of Law (Perpu) issued by President Jokowi on the newly passed KPK Law. That is because, PKB assesses that the KPK needs to be changed, which is related to supervision.
According to Maman there is a constitutional pathway that is more rational and respects the system for those who disagree with the KPK Law. Maman considered that the issuance of a Perpu could be a bad precedent.
He suggested that the KPK Law be tested in the Constitutional Court. He also hopes that input from fellow activists and elders can be an important part of consideration.
Maman said, Perppu could be a bad precedent because it could simply cancel the KPK Law which had been discussed for months by the DPR. There is also no guarantee that the DPR will approve the Perppu from President Jokowi.
Meanwhile, Margarito’s Constitutional Law expert said, Susilo Bambang Yudhoyono (SBY) had experienced the same thing as Jokowi felt now about the polemic of the KPK Law. SBY at that time issued Perppu No. 1 of 2014 to cancel the Election Law because of pressure. This Perppu is related to the mechanism of the implementation of the elections which was previously ratified by the DPR through the Election Law on September 26, 2014.
This proves that in our state administration there is a situation which is considered to be critical which can be used as the basis for the issuance of Perppu, in some cases it is not valid enough. We certainly know that the Regional Election Law has mass actions everywhere and that is the basis for SBY in issuing Perppu. So, after the issuance of the elections, the election has gotten worse?
Margarito said that Jokowi be careful in recognizing constitutional requirements for issuing Perppu. Jokowi could have made a decision because of pressure, and the reason for issuing a Perppu must make sense in concept and philosophy.
Of course we need to ask people who want democracy, do they justify absolutism, justify closure, justify secrecy. Is not the whole idea of the amended KPK Law to ensure accountability, transparency, and that is the essence of state democracy.
Margarito was aware of aspirations and ideas from various circles in order for President Jokowi to issue a Perppu. However, Margarito also reminded that the KPK Law had been passed by the Parliament and the government. In addition, there are also parties who want the KPK Law to be applied for transparency and accountability.
Do you know why the figure of Hitler became authoritarian ?, Adolf Hitler’s authoritarian because of public pressure. Jokowi certainly must know that the number of people who choose to remain silent is still there.
In addition, Margarito considers that the current eradication of corruption is not due to the weakness of law enforcement agencies and rules on combating corruption. According to him, there is a corruption-producing machine which is a direct election which encourages many parties to make movements that tend to be corrupt.
On the other hand, Chairman of the NasDem Party Surya Paloh said that Jokowi had not yet thought of issuing a KPPU Perppu. According to Surya, it is better for the KPK Law to be brought to the Constitutional Court.
He regretted the pressure from the public and students who asked Jokowi to immediately issue the KPPU Perppu. According to him, the request was politically charged. If you make a wrong move, Jokowi can be impeached from the presidency.
Perppu can be issued if there is a compelling urgency. The definition of coercive circumstances is the absence of a law to resolve legal issues needed quickly.
Syarief Hasan, who is the Deputy Chairman of the Democratic Party, believes that there is no urgency of President Jokowi in issuing Perppu on the KPK Law. The Democrat Party continues to view the revitalization of the Corruption Eradication Commission Law to strengthen the anti-trust institution.
He also compared Susilo Bambang Yudhoyono (SBY) when issuing the Perppu on the local elections. When SBY became President at the time, the Democrat Party had disagreed since the discussion on the Election Law that was Collated.
We certainly do not need to be too excited to force the President to issue a Perppu, every law that has just been passed, will certainly be reviewed after a few months, whether the regulation is effective or not, so that the Perppu does not need to be issued by the President.
) * The author is a social political observer
