By: Firdaus ArifinWriter: 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, 16 November 2009.
FRACTION Democratic Party of Struggle (PDI-P) in the House of Representatives (DPR) began to "show off" in opposition to the regime under President Yudhoyono, Volume II. Together with six other factions in the House, F-PKB, F-PPP, F-Golkar, F-PKS F-Gerindra, and F-Hanura, F-PDIP mengulirkan idea questionnaire used to investigate rights cases megaskandal Century Bank. Plan the use of questionnaires rights Century Bank will certainly have obstacles from the factions supporting the government in Parliament, especially the Democratic Faction.
Refers to Article 77 paragraph (3) of Law No. 27 In 2009 the People's Consultative Assembly, House of Representatives and Regional Representative Council (MD3), Copyright questionnaire referred to paragraph (1) letter b is the right of Parliament to conduct an investigation into the implementation of a government undang-undang/kebijakan related matters, strategic, and have a profound effect on the life of the society, nation and the state that allegedly violated the laws and regulations.
Chronological
As we know, the beginning of the case arising from Century Bank issued a policy on the disbursement bailout (bail out) of Rp. Boediono 6.7 trillion by the time it served as Governor of Bank Indonesia (BI). And was responsible for the decline in the fund is the Minister of Finance Sri Mulyani. Therefore we can see is the emergence of Century Bank case stems from a policy (policy) issued by the officials.
Thus, plans for using the questionnaire by the Parliament the right to investigate cases of Century Bank can be said to be very precise. However, we must remember the case of Century Bank is not a simple legal issue. Century Bank case has become tangled which is not easy to untangle. Many parties are involved either directly or indirectly.
We should remind this problem, because the use rights of the House inquiry is usually only used as a tool for political opponents of the government to destroy the government. In the political implications of the use right of the House of Representatives inquiry could lead to the dismissal of the vice president (VP) if the investigation results of the House of Representatives, VP convicted of corruption due to the issuance of Century Bank policies that actually brought the problem (Section 7A of the 1945 Constitution). In addition, there is the possibility of opposition factions carrying plans for using the right questionnaire is only for just search for popularity in the public eye.
Political steps
If a case is a big case, such as Century Bank issues, it is not enough just to do the investigation by law, but political measures such as use of the rights questionnaire House is also needed. However, because the Bank Century has begun spreading everywhere, it is not sufficient if the use of the rights questionnaire addressed the House for impeachment Boediono. We can not reduce the government means only the president / vice president with his ministers. Government is the power of government functioning outside the Parliament and the judicial power. This explanation is reinforced in MD3 Law Article 77 Paragraph (3) states the implementation of laws and / or government policies can be implemented the policy by the president, vice presidents, ministers of state, commander of the TNI, Police, Attorney General, or the leaders of institutions nonkementerian government. Thus, the right questionnaire is not only aimed at the president / vice president.
Major issues currently being discussed widely by the public and allegedly related to the case of Century Bank is a feud between the police and the Commission of an impact the two leaders to criminalize the Commission, ie seeds Rianto Samad and Chandra M Hamzah due accused of receiving bribes. As we know, fighting the police, the Commission starts from the intention of this Commission to investigate the case of Century Bank. Therefore do not be surprised when some of the public who happen to think that the criminalization of seed and Chandra was an effort of the police to "cover up" the case of Century Bank. Moreover, one of the police top brass, which is rumored Susno Duaji never received the money 10 billion dollars to do with Century Bank.
Use the right questionnaire is to uncover the House things that can not be disclosed by law enforcement officers. When viewed from Century Bank's case, it would be nice if the House also conducts investigations into the conflict between the police and the Commission. Commission Chairman immediately investigated and arrested by the police on charges that are not obvious, such as abuses of authority, accepting bribes, wiretapping without rights. Meanwhile, the Susno Duaji allegedly by some parties receive money 10 billion dollars to do with Century Bank untouched by the Police impressed even protected by the police. It may be true what was said by police Susno Duaji that it can be likened to a crocodile, while the Commission can dibaratkan as a lizard. This was proven by the Commission in investigating helplessness Bank Century cases involving suspected Susno Duaji.
Then if the investigation against the officials allegedly involved in the case of Century Bank will evaporate just like that?. This is where the need for political measures. Use the right questionnaire for Century Bank case can also be directed to the investigation of law enforcement officers allegedly involved in this case. Different from the legal investigation closed with reasons for the purposes of investigation, the investigation was politically charged it open, because the Parliament is the representative of the people who must always be transparent, especially to the people.
Moreover, the public has been always wondered if it was true Susno Duaji involved in the case of Century Bank. Susno was never denied receiving money USD 10 billion rupiah from Century Bank case, but it was not enough. Bibit Samad Riyanto and Chandra M Hamzah also denied accepting bribes related to the determination of the status of gallant Soegiarto Joko Tjandra. Even their rebuttal is also accompanied by a strong alibi, but in fact they are still under investigation and detained. It differs from legal investigation, the investigation was politically not going to take the impact of sanctions on officials who are considered to be involved in the case of Century Bank, but certainly more people will know whether the officials actually involved or not.
Investigation politically is to uphold the principles of openness and the principle of justice. The principle of openness means that people's right to know of what actually happened in the case of Century Bank. Meanwhile, the principle of justice implies that the officials allegedly involved in the case of Century Bank should also be investigated. Thus, investigations of such officials would not Susno Duaji harm him, but it would benefit him if he really did not receive money for 10 billion rupiah.
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