Sunday, December 13, 2009

KPK Plt Perppu Full Controversy

By: Firdaus Arifin
Writer: Lecturer Constitutional Law Section and Secretary of Constitutional Studies Center Faculty of Law, University of Pasundan, Bandung, West Java, Indonesian.
Published by: the Daily Tribun Jabar, 28 September 2009.

DRAMA kept rolling feud between the police escort (crocodile) versus the Corruption Eradication Commission (lizard). This drama begins when the Chairman of the Commission Antasari Ashar (AA) named as a suspect for the murder Zulkanaen Nasrudin. The public was shocked and could not believe it. How could anyone be AA caliber murder plan?

Although until now not been revealed clearly the role of AA and related evidence, the crime, but the investigation process has been running and the police finally transferred AA docket to the Attorney General. Starting from here starts a rumor about a systematic effort (by design) the killing led the Commission and the Commission krimininalisasi develop like wild ball.

The public continues to give full support to the Commission as she asked police to immediately stop the systematic murder of an effort to criminalize the leadership of the Commission and the Commission through the establishment of Chandra M Hamzah and Seed Rianto Samad as a suspect on suspicion of criminal acts that are always changing; originated from allegations of bribery relating to the application menyalahgunaan authority bans Anggoro and repeal the ban on Djoko S. Tjandra. This event will be a bad precedent that is very dangerous for law enforcement in the future if what is not proved disangkakan legally before the courts.

Peak attenuation KPK?
Public anti-corruption activists and frowned again as President Susilo Bambang Yudhoyono was really using his constitutional authority to establish the Government Regulation in lieu of Law (Perppu) No. 4 of 2009 on the Implementation Task (Plt) KPK. At least indignation and rejection of the publication of the Commission Plt regulation related to a number of questions of constitutional and fundamental law.

First, the regulation does not meet the Commission Plt constitutional requirements as stipulated in Article 22 paragraph (1) of the 1945 Constitution, stated that ` 'the crunch happenings compel, the President has the right to establish government regulations substitute''Law. The question then is what stuck out was "crunch that forced''? Article 22 paragraph 1, 2 and 3 of the 1945 Constitution did not provide a concrete explanation of the definition of 'crunch forcing''. But Explanation of Article 22 of the 1945 Constitution requires clear objectives related to the issuance of a Perppu, namely "that safety can be guaranteed by the state government in a precarious situation, which forced the government to act quickly and appropriately''. So the key is for the safety of the state in critical condition must be guaranteed by the government.

The question is what's advanced state of salvation? Up to this level, the subjectivity of an executive who ultimately determine whether the level of gravity of the threat to the safety of the country really existed and therefore Perppu associated with these issues should be published.

Associated with public anxiety and anti-corruption against pengiat Plt Perppu the Commission, if the crunch forcing has been met? Was this Commission Perppu true Plt issued to ensure the safety of the state as mandated by the 1945 Constitution? The answer to this question certainly is not simple. Are the two leaders menyisahkan Commission then threatened the safety of a country?

It felt very much that this country is threatened because the Commission Chairman and the remaining two people because it needs the Commission published Perppu Plt. Although constitutionally mandated requirements are not met, the President still "determined" to publish these Perppu. Therefore, the executive branch will have to prove that the state's safety-related risk management that the Commission only two people.

In addition, there is still room for the Parliament to conduct a political review of the issuance of this Commission Perppu Plt. If Parliament does not agree with the President and reject the publication of this Perppu Perppu the fate of these ends. But by looking at the composition of the elected membership of the House to be constituted as of October 1, 2009 the next controlled nearly 60 percent of deputies from the Democratic Party, it's hard to imagine the House will take a position opposite to the President.

Second, whether there really has been a power vacuum in the Commission that the Commission is required Perppu Plt? This question is troubled by many people in beerapa last time. Article 21 paragraph (5) of Act No. 30 of 2002 on the Commission highlighted that the leadership of the Commission 'work collectively''. That is, this article outlines the nature of collegial leadership of the Commission in its work. Explanation of Article 21 paragraph (5) defines a collective work is that every decision must be approved and decided upon jointly by the Chairman at the Commission.

Consequences for the Commission
KPK Plt Perppu serious consequences for the Commission and the agenda of the eradication of corruption in Indonesia. At least, as pointed out by many, that the Commission is Perppu Plt shield that allowed the President and legitimize the criminalization of the police action against the leadership of the Commission.
Another suspicion is that the President take advantage of this Commission Plt Perppu to secure legal and political interests by placing those people in the body of the Commission is of course ultimately the Commission will castrate independence.

Up to this point, is very reasonable if the public believes that it has been a systematic effort to criminalize the killing led the Commission and the Commission. Not only do the entrepreneurs who collaborate with the dragon rotten politicians, corrupt, and police, but also by the President himself.

We certainly hope that the agenda of the eradication of corruption by the Commission should be supported and we diterus rightly opposes any efforts that justifies all means to prevent the eradication of corruption in Indonesia. This nation should be aware that corruption is a very serious crime that always need to watch out and eradicated as joint arthritis had destroyed the civilization of the nation and caused massive suffering for the people. We also hope that this Commission Plt Perppu is not a new scenario to kill the Commission. Let us watch Plt selection process that the Commission will be appointed President.

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