PDIP Defense Ammunition Through Presidential Decree Dismissal Agus Rahardjo Cs

JAKARTA - PDI Perjuangan continues to counterattack the Corruption Eradication Commission (KPK) after the arrest operation (OTT) that ensnared former KPU commissioner Wahyu Setiawan and one of their candidates, Harun Masiku, who is still at large.

This resistance was carried out using new ammunition, namely, Presidential Decree (Keppres) Number 112 / P / 2019 which contained the respectful dismissal of the five KPK leaders for the 2015-2019 period, Agus Rahardjo cs.

The PDIP legal team considers the existence of this Presidential Decree, the investigation order (Sprinlidik) signed by Agus Rahardjo is invalid. Because, once this Presidential Decree was signed by President Joko Widodo on October 21, 2019, it means that the KPK leadership at that time had no right to approve the prosecution.

Responding to the PDIP attack, the KPK actually asked the legal team formed by the party bearing the bull symbol to read the Presidential Decree Number 112 / P / 2019 carefully.

"Pak Maqdir is a person who really understands the law. We are very sorry because (Maqdir) did not read the full Presidential Decree 112 / P 2019," said Acting KPK spokesman Ali Fikri to reporters at the KPK Red and White House, Kuningan Persada, South Jakarta, Thursday. , January 17th.

The KPK public prosecutor (JPU) said that it is true that there is a Presidential Decree Number 112 / P / 2019. However, this Presidential Decree only took effect after the five KPK leaders had taken their oath of office and were sworn in at the Presidential Palace, not when the decision was signed.

This, said Ali, was also included in the dictum of the three decrees. "There in principle it was stated that the cessation or completion of the old KPK leadership was that since then there was an inauguration or an oath of office from the new KPK leadership," Ali explained, adding that the Chairman of the KPK for the 2019-2023 period Firli Bahuri and four of his deputies were sworn in in December 20, 2019 around the afternoon.

So that if Sprinlidik was signed by Agus on December 20, 2019 and carried out in the morning, based on the third dictum, he still had the right to approve the investigation into the interim bribery case (PAW) for the members of the DPR RI for the period 2019-2024 who allegedly dragged the name of the PDI Perjuangan Secretary General Hasto Kristiyanto .

In addition to answering the question of the time when Sprinlidik was signed to become PDIP ammunition, Ali also questioned the authenticity of the warrant, which later spread to the point of being questioned by the party politician.

This is because so far the KPK has never given Sprinlidik to external parties, including those with an interest in the case.

"Regarding authenticity, we also did not go there. Whether it was genuine or fake. Because what is clear is that we from the KPK have never given an investigation warrant to any party other than those with direct interest in the case," he said.

Previously reported, PDI Perjuangan has formed a legal team in charge of reviewing bribery cases that ensnared former commissioner of the General Election Commission (KPU) Wahyu Setiawan and PDIP candidate Harun Masiku regarding the interim replacement (PAW) of members of the Indonesian Parliament. After being formed, the legal team then took issue with the investigation warrant (Sprilindik) in the case.

"Sprinlidik on December 20, something we have to pay close attention to is that the presidential decree to dismiss the old KPK leadership was signed on October 21, 2019," said member of the PDI-P DPP legal team, Maqdir Ismail, to reporters at the PDIP DPP office, Jalan Diponegoro, Menteng, Central Jakarta, Wednesday, December 15.

Based on the Presidential Decree, said Maqdir, the leadership of anti-graft institutions should not have the right to take actions related to investigations.

"When they were dismissed with respect on 21 October until 20 December before the new leadership was sworn in, the KPK leadership was not legally given the authority to carry out what actions they had been under their authority," he said.

Not only the spilindic issue, the lawyer for the former chairman of the DPR, Setya Novanto, also mentioned the matter of the former deputy chairman of the KPK who had resigned and the return of the mandate carried out by former KPK chairman Agus Rahrardjo along with his two former deputies Saut Situmorang and Laode M Syarif last September.

According to him, these three people had resigned from their positions and the decisions taken were illegal, including illegal prosecution.

"Don't forget when the leadership of the KPK with the old KPK Law, the nature of their activities was a collegial collective. When there are three people who have resigned, it should not be legal, they cannot carry out a legal process. I think that is important," he said.