Dozens Of Years Of KPK Standing, Threatened To Die By A Product Of Law In One Rule
JAKARTA - The Corruption Eradication Commission of the Republic of Indonesia or abbreviated as the KPK is a state institution formed with the aim of increasing the effectiveness and efficiency of efforts to eradicate corruption. The KPK was founded in 2002, through a long history until today it is threatened with being 'killed off'. And in a short time through a law product.
The KPK was not formed to take over the task of eradicating corruption from the existing legal institutions. The KPK serves as a stimulus for efforts to eradicate corruption in Indonesia.
The forerunner of the KPK began during the reform era in 1999. At that time, Law (UU) Number 28 of 1999 concerning State Administrators who were Clean and Free from KKN and Law Number 31 of 1999 was issued.
Then, in 2001, Law 20/2001 was born as a substitute and complement to Law 31/1999. Through Law 20/2001, the KPK was formed.
Subsequently, on December 27, 2002, Law 30/2002 on the Corruption Eradication Commission was issued. With the birth of the KPK, the eradication of corruption in Indonesia will experience a new chapter.
Furthermore, in 2019 the Corruption Eradication Law was revised into Law 19/2019 concerning the second amendment to Law 30/2002. In carrying out its duties, the KPK is guided by five principles.
The Principle of Legal Certainty. This principle prioritizes the basis for statutory regulations, propriety, and justice in every obligation of state administrators. The Principle of Openness. This principle is what opens itself up to the public's right to obtain true, honest, and non-discriminatory information about state administration. This still takes into account the protection of personal rights, class and state secrets. The Principle of Accountability. This principle determines that every activity and the final result of state administration activities must be accountable to the public. The principle of public interest. This principle is to prioritize the general welfare in an aspirational, accommodating, and selective manner. The Principle of Proportionality. This principle emphasizes the balance between rights and obligations. The responsibility of the KPK to the public and must submit its reports openly and periodically to the president, the House of Representatives (DPR) and the Financial Audit Board (BPK).The duties and functions of the KPK
Governor of South Sulawesi inactive Nurdin Abdullah (Source: Antara)
KPK in Indonesia is tasked with preventing and eradicating criminal acts of corruption. KPK is independent in carrying out its duties. Quoted from various sources, there are several tasks and functions of the KPK.
First, coordinating with other agencies authorized to eradicate corruption. Second, supervise agencies authorized to commit criminal acts of corruption.
The KPK also has the task and function of carrying out investigations, investigations and prosecution of corruption crimes. The fourth task, the KPK is to take action to prevent corruption and monitor state administration by government agencies.
In carrying out the duties and functions of coordination, the KPK has the authority, namely: To coordinate investigations, investigations and prosecutions of criminal acts of corruption; Establish a reporting system for corruption eradication activities; Requesting information about activities to eradicate corruption crimes from the relevant agencies; Conducting hearings or meetings with agencies authorized to eradicate corruption; and Requesting reports from related agencies regarding the prevention of criminal acts of corruption.[/ read_more]
Ministers captured by the KPK
Since its establishment, many state officials have been arrested by the KPK. There are even 12 ministers who have become suspects in corruption cases at the hands of the KPK.
Specifically, four ministers during the era of President Megawati Soekarnoputri, six in the era of President Susilo Bambang Yudhoyono (SBY), and - so far - four ministers during the era of Joko Widodo (Jokowi).
Megawati Soekarnoputri era
Rokhmin Dahuri Achmad Sujudi Hari Sabarno Bachtiar Chamsyah.Susilo Bambang Yudhoyono (SBY) Era
Siti Fadilah Supari Andi Mallarangeng Suryadharma Ali Jero WacikJoko Widodo era
Idrus Marham Imam Nahrawi Edhy Prabowo Juliari Batubara.[/ read_more]
The threat of the new KPK Law
The Constitutional Court, Tuesday, May 4, rejected the formal review of the new KPK Law. Eight MK judges refused. Only one of them, Wahiduddin Adams, took a dissenting opinion.
Wahiduddin was of the opinion that the Constitutional Court should have granted the petition for formal review Agus Rahardjo Cs. There are a number of considerations. According to Wahiduddin, the provisions in Law Number 19/2019 that the applicants consider to be problematic have significantly changed the posture, structure, architecture and function of the KPK as an anti-corruption agency.
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.
The new KPK Law was considered problematic from the start. As Wahiduddin said, there are many problems that interfere with the constitutive characteristics of a law product. Since 2019, various community groups have rejected the formation of the new KPK Law which is considered to undermine the strength of the KPK.
However, the DPR and Jokowi, who played a role in the formation of this law, did not budge. The DPR continued to pass the Corruption Eradication Commission Law through a plenary session on September 17, 2019. Jokowi did not sign the KPK Law. But Jokowi allowed the KPK Law to be legal. This is in accordance with Article 20 paragraph 5 of the 1945 Constitution:
In the event that the draft Law which has been jointly approved is not ratified by the President within thirty days of the approval of the draft Law, the draft Law is valid to become a Law and must be promulgated.
The KPK Law itself was passed in the DPR plenary session on September 17, 2019. Article 20 paragraph 5 was strengthened by Law 15/2019 concerning Amendments to Law 12/2011 concerning the Formation of Legislation. Article 73 paragraph 2 of the Law states:
In the event that the Draft Law as referred to in paragraph (1) is not signed by the President within 30 (thirty) days from the time the Draft Law is mutually approved, the Draft Law is valid to become a Law and must be promulgated. .
Jokowi actually has the opportunity to thwart the ratification of the KPK Law, including through the issuance of a government regulation in lieu of a law (perppu), as proposed by many anti-corruption activists. However Jokowi refused.
* Read other information about the KPK or read other interesting articles from Indra Hendriana, Wardhany Tsa Tsia and Yudhistira Mahabharata.
BERNAS Others[/ read_more]