Responding To The Court's Judicial Review On The COVID-19 Law, Mahfud MD: This Decision Strengthens The Government's Position

JAKARTA - Coordinating Minister for Political, Legal, and Security Affairs (Menko Polhukam) Mahfud MD emphasized that the judicial review decision related to Law Number 2 of 2020 concerning the handling of the COVID-19 pandemic or the COVID-19 Act has further strengthened the government's position in carrying out its duties.

He conveyed this in response to the corrections made by the Constitutional Court (MK) on a number of articles in the law.

"After being read back and forth, the Constitutional Court's decision justifies all laws that have been fully contained in the laws being tested," said Mahfud, quoted on Saturday, October 30.

This belief arose because all applications asking for the legislation to be formally tested have been rejected by the Court. With this refusal, it means that the law is correct.

"Then when it comes to the material test, the substance is related to Article 27 paragraphs 1,2, and 3, the contents are related," said Mahfud.

"There it is only stated that Article 27 Paragraph 1 only adds the phrase 'as long as it is carried out in good faith according to the laws and regulations'. Likewise, Article 27 Paragraph 3 only adds the phrase 'as long as it is carried out related to handling COVID and carried out in good faith and in accordance with legislation'," he added.

With this explanation, Mahfud at once denied the existence of abolition in the legislation. "So there is no deletion but only the addition of existing sentences, the added phrases are taken from the existing law, namely Article 27 Paragraph 2," he explained.

Not only that, but the former Chief Justice of the Constitutional Court (MK) also emphasized that there is no right of impunity for state officials in handling the COVID-19 pandemic in the country. According to Mahfud, a lawsuit can still be filed, but not when they carry out the laws and regulations and have good faith.

"What is alleged to be the right of impunity, cannot be sued if it violates the laws and regulations and has bad intentions. However, the government cannot then be prosecuted in criminal, civil, and state administrative courts if it carries out its duties according to the regulations," he said.

"And we do not refuse to enforce the law in the event of an abuse of power. The proof is that the Minister of Social Affairs (Juliari Batubara, former Minister of Social Affairs) despite this article is still being brought to court. This will not prevent law enforcement from taking legal action if there is financial abuse (handling, red) this COVID-19," added Mahfud.

The COVID-19 Law was sued in the Constitutional Court (MK) by Amien Rais, Sirajuddin Syamsuddin, and activists, and a number of non-governmental organizations (NGOs). In their lawsuit, they consider Article 27 in the law to have the potential to legitimize misappropriation of state financial management and free officials from the entanglement of criminal acts of corruption.

Not only that, but the law is also considered to make the government unable to be sued through the State Administrative Court (PTUN).