JAKARTA - Member of Commission III of the House of Representatives Benny K Harman proposed that the House of Representatives use the right to inquiry to resolve tensions between the police and the prosecutor's office.
This was conveyed by Benny following the handling of a number of legal cases that dragged former Deputy Attorney General for Special Crimes (Jampidsus) Febrie Adriansyah.
"We believe that the emergence of open conflict between the two main law enforcement institutions, the Attorney General's Office and the National Police of the Republic of Indonesia (Polri) has reached a point that has disturbed the public and threatened the law enforcement institutions in the country," said Benny K Harman, Monday, July 13.
According to Benny, the tension between the National Police and the Prosecutor's Office should not continue because it will be a political spectacle that weakens the country. The senior politician of the Democratic Party also assessed that the DPR RI needs to immediately consider the use of the Right of Inquiry as the highest constitutional instrument in the oversight function.
"The right to petition is directed to investigate the policies and governance of the government in the law enforcement sector, not at all to intervene technically in the matter or undermine the principle of due process of law. Legal independence remains sacred and must be respected," he explained.
Furthermore, Benny said the ongoing open conflict between the National Police and the Prosecutor's Office indicates a lack of coordination or even permissiveness at the executive level. "When the two pillars of law enforcement clash, what is at stake is the public interest and the priority agenda of eradicating corruption, which is the main commitment of the Prabowo Presidential Government," said Benny.
Therefore, Benny assessed that it was necessary to use the right to inquiry by the DPR to help resolve rivalries between law enforcement institutions. "The right to inquiry is a corrective instrument to support President Prabowo. The use of the right to inquiry is precisely the DPR's strategic political step to support the effectiveness of President Prabowo's government," he said.
Through this legislative political investigation, Benny assessed that the DPR would analyze and investigate whether the cabinet coordination function had been effective, as well as find out whether there were overlapping regulations that triggered sectoral egos. "Also, is there any abuse of institutional authority (abuse of power) that has been left? And to what extent has this friction undermined legal certainty and public trust (public trust)," said Benny.
The DPR Law Commission member considered that the use of the right to inquiry was needed because the usual oversight forum such as the Committee III Hearing (RDP) or the formation of the Working Committee (Panja) was no longer sufficient. Benny said that the constitutional reasons and limitations of the usual RDP could be seen in Article 20A paragraph (2) of the 1945 Constitution and the MD3 Law.
"For this reason, a nation as big as this must be raised to the highest constitutional level in parliament," said Benny.
On the other hand, Benny reminded the importance of the APH working professionally, not because of political motives or revenge. He hopes that law enforcement institutions can work in harmony, because rivalry will actually be detrimental because it can be used by corrupt actors.
Benny said the APH needed to be aware of the phenomenon of 'Corruptors Fight Back', and focus on saving ongoing corruption cases. "Don't let the sectoral ego and disharmony of the two institutions become a tactical gap that is used by corruptors (corruptors fight back) to weaken the investigation of megacorruption cases that are underway," he said.
"The right to petition is present precisely to shield the legal process from the intervention of power and sectoral political intrigue," added Benny.
On the other hand, Benny asked President Prabowo to take strategic steps to resolve the tension between the National Police and the Prosecutor's Office. "While the political process of the right to speak is rolling in the DPR, we urge President Prabowo as the Head of State to immediately take emergency steps by forming an Independent Fact-Finding Team (TPF) or optimizing the Coordinating Minister for Political, Law and Security to carry out a clearing house to immediately reduce clashes in the field," said the legislator from the NTT District.
Meanwhile, to the leadership of the National Police and the Prosecutor's Office, Benny reminded them to jointly maintain the dignity of the institution. "We also remind the National Police Chief and the Attorney General that the institutions they lead belong to the people, not to the group. Stop all forms of show of force that are not necessary in the public space, and return to the legal corridor," said Benny.
Benny said, the conflict between the Prosecutor's Office and the Police was a loud alarm for the existence of the rule of law so that the DPR should not be passive and just be spectators. "The right to petition is a constitutional way to save our law enforcement institutions from the destruction of credibility, while ensuring that President Prabowo's government wheels run on the rails of clean, authoritative law enforcement, and free from sectoral egos," he explained.
Regarding the legal case of the former Jampidsus, Benny also suggested that its handling be handed over to the Corruption Eradication Commission (KPK). Because if it is handled by the Attorney General's Office, he is afraid there will be a conflict of interest considering that the Attorney General's Office is where Febrie previously belonged.
"Hand over the case to the KPK for handling so that it is more objective, open, and complete. Also to prevent conflicts of interest. And the people must also continue to monitor the handling of the case to ensure that the handling of legal cases is carried out fairly and credibly," he concluded.
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