Deepening The Thought Of Wahiduddin Adams, The Only Constitutional Court Judge Who Rejects The Corruption Eradication Commission Law

JAKARTA - Constitutional Court (MK) Judge Wahiduddin Adams made an interesting statement in the middle of a trial on the formal review of the Corruption Eradication Commission Law. Eight MK judges refused. Only he who has the opinion that the Constitutional Court should grant the formal examination request Agus Rahardjo Cs. There are a number of considerations. Wahiduddin also poked at Jokowi.

Wahiduddin chose a dissenting opinion regarding the formal review decision on the KPK Law. The provisions in Law Number 19 of 2019, said Wahiduddin, have fundamentally changed the posture, structure, architecture and function of the KPK as an anti-corruption institution. This change, in his opinion, was deliberate. Structured.

"These changes appear to have been deliberately carried out in a relatively short period of time and carried out in a specific moment," Wahiduddin, reading out his opinion, Tuesday, May 4.

The specific momentum he meant was when the results of the 2019 presidential and legislative elections were known to the public. The revision of the Law was also carried out only a few days before the end of the term of service of members of the DPR for the 2014-2019 term.

The formation of laws briefly and within a specific time does not necessarily make the law unconstitutional. However, this condition causes the minimum role and participation of the community in the formation of laws.

The short duration of time also reduces the opportunity to analyze the studies of those implementing the law. In addition, Wahiduddin also raised the opinion of the expert, Bagir Manan, who said that the revision of the KPK Law was more like the formation of a new law on the KPK.

In plain view, the procedural stages for the formation of laws may have been taken formally. However, various conditions and irregularities in the formation of the KPK Law caused constitutionality and morality problems.

"However, what actually happens is that at almost every stage of the procedure for the formation of the a quo law, there are quite serious constitutionality and morality issues," said Wahiduddin.

Another irregularity is the attitude of the government which is suspected of preparing a problem inventory list (DIM) of the KPK Law in less than 24 hours. The logic is fixed on the chronology of the first work meeting to discuss the revision of the KPK Law, 12 September 2019 and the first work committee meeting which took place one day after that.

"It is difficult for me not to conclude that this DIM Bill was prepared by the President in less than 24 hours," he said.

According to Wahiduddin, Law Number 12 of 2011 concerning the Formation of Legislation regulates that the views, opinions of the president, and DIM can be submitted to the DPR within 60 days from the time the bill is accepted by the president. But the President has the opposite attitude.

Wahiduddin also criticized Jokowi for not signing the KPK Law but for signing derivative regulations in the KPK Law. An anomaly, according to Wahiduddin.

"But on the other hand, the implementation of various implementing regulations so quickly has resulted in the absurdity of constitutional practice and the more preservation of the practice of forming laws that are not based on a culture of justification vide expert Susi Dwi Harijanti's statement," said the dissenting opinion Wahiduddin Adams.

Wahiduddin then chose a middle path by stating that the formation of the a quo Law was contrary to the 1945 Constitution. In Wahiduddin's eyes, Law 19/2019 did not have binding legal force.

Wahiduddin wants the legislators to repeat the process of forming the KPK Law in a better way, the atmosphere is calmer, and in a more rational and proportional timeframe, of course. Although alone - where eight other MK judges chose to perpetuate the existence of the new KPK Law - Wahiduddin clearly stated that there were formal and material violations in the formation of Law 19/2019.

Furthermore, Wahiduddin said the stance he took was a message to all stakeholders to take constitutional and rational paths in making laws. Message that should be heard in the context of the KPK Law today.

"When this is formed in a better manner and procedure in a calmer atmosphere, and in a more rational and proportional period, it is expected that the KPK is better institutional than the KPK which is based on Law Number 30 of 2002 concerning the Commission. Corruption Eradication, "Wahiduddin.

* Read other information about the KPK or read other interesting articles from Wardhany Tsa Tsia and Yudhistira Mahabharata.