JAKARTA - The Corruption Eradication Commission (KPK) will determine the legal status of KPU Commissioner Wahyu Setiawan who was affected by an arrest operation (OTT) in a corruption case this afternoon.
Wahyu's arrest is a serious problem because he holds the position of administering general elections. Ironically, so far the KPU leadership for the 2017-2022 period has been actively doing everything they can to prevent former corruption convicts from nominating as election participants.
Let's review it again. During the registration period for legislative and executive candidates for the 2019 Election, there were dozens of former corruption convict candidates who were not passed by the KPU because of their status as ex-corruptors.
The prospective ex-corruptor candidates did not accept this decision. They are contesting Article 4 paragraph 3 of KPU Regulation (PKPU) number 20 of 2018 concerning Nominations for Members of DPR, Provincial, Regency and City DPRD members, as well as judicial review of article 60 letter j PKPU number 26 of 2018 concerning Second Amendment to PKPU Number 14 of 2018 concerning Candidacy DPD members to the Supreme Court (MA).
In its decision, the Supreme Court stated that the prohibition of former convicts in corruption cases from becoming legislative candidates is contrary to the Election Law number 7 of 2017.
This decision resulted in the change in the status of the prospective non-eligible corruption convict to be Eligible (MS). This means that former corruption convicts are allowed to run as candidates.
The KPU is looking for other loopholes to assert their integrity to clean up candidates from committing acts of corruption when they are elected. Although the ex-corruptor candidate passed, the KPU announced their names through mass media and social media.
After being eliminated in the 2019 Election, efforts to clean up former corruptor candidates were carried out again in the 2020 Pilkada. However, the effort that would be ratified through the PKPU Pilkada 2020 was rejected by the Indonesian Parliament.
KPU commissioner Evi Novida Ginting Manik explained the reasons for the cancellation of the ban for former corruption convicts from running for office. He said that this plan has generated a lot of debate. On the other hand, the 2020 Pilkada stages will start running soon and the KPU is urged to issue regulations as soon as possible.
"This is too questionable, it can interfere with the nomination stage. Now the nomination stage has been running from October 26, so what is the prerequisite for individual candidates must have been completed," said Evi when contacted, Friday, December 6.
Evi admitted that his party could not be careless in listing the prohibition of ex-corruptors on PKPU 18/2019. Reflecting on the 2019 Pileg case, the KPU took the initiative to include a ban on the nomination of ex-corruptors.
In fact, a number of articles in PKPU Number 20 of 2018 which prohibit former corruption convicts from becoming candidates for legislative elections were sued at the Supreme Court. Until finally, the Supreme Court canceled the prohibition article and the former inmates in that case were allowed to run again, after previously being declared not fulfilling the nomination requirements (TMS).
The KPU does not want the lawsuit polemic to repeat itself, but they still want regional head candidates to be clean from a background of corruption. Therefore, there are calls for political parties to prioritize candidates who are not ex-corruptors. This appeal is included in the additional article PKPU 18/2019.
"In the democratic and open selection of candidates for governor and deputy governor, regent and deputy regent and / or mayor as referred to in paragraph (2) as referred to in clause (2), prioritizing not former convicted corruption convicts," wrote Article 3A paragraph (3).
Finally, the KPU changed the existing regulations. In the recently issued KPU Regulation Number 18 of 2019, there is no prohibition against former corruptors nominating for regional heads.
This PKPU is an amendment to PKPU Number 3 of 2017. The regulation contains the candidacy for the election of governors and deputy governors, regents and deputy regents, and / or mayors and deputy mayors issued by the head of the KPU, Arief Budiman, on December 2, 2019.
As explained in Article 4 letter (h) PKPU 18/2019, former inmates who cannot run for regional heads are former convicts of drug dealers and sexual crimes against children. Meanwhile, the prohibition regulations for former corruption convicts are not listed.
Now, all KPU's intentions to clean up corrupt practices have been tarnished by the arrest of KPU Commissioner Wahyu Setiawan. The KPK leadership confirmed the news.
Based on information from KPK chairman Firli Bahuri, Wahyu is suspected of being dragged into a bribery case. "We have arrested the perpetrators who have committed a criminal act of corruption in the form of bribery. We are still working," said Firli, Wednesday, December 8.
As told by KPU Chairman Arief Budiman, on Wednesday, the KPU leadership worked as usual at the RI KPU office, Jalan Imam Bonjol, Central Jakarta, except for the three other leaders. Wahyu Setiawan, Viryan Aziz, and Evi Novida Ginting are scheduled to work outside the city.
Coordination between leaders through a WhatsApp group has also continued to flow since morning. During this sorre, Arief realized that Wahyu had not responded to the conversation in the group. Until finally, Arief was surprised to find news of his subordinates being caught by the OTT.
"Of course I was shocked," said Arief.
"As far as I can remember, he (Wahyu) had an assignment to Belitung in a series of 2020 Pilkada activities. This morning we in the group were still communicating. But, since this afternoon we could not be contacted," he continued.
As a Commissioner in charge of socialization and community participation, Wahyu headed for Soekarno Hatta Airport to go to Belitung with one personal staff and several KPU public relations staff.
Wahyu's airplane seats and personal staff are separated from the PR group. When the plane landed, the public relations staff realized that Wahyu and his personal staff did not fly to Belitung.
"I received news from the public relations that Pak Wahyu has entered the airport. The info did not fly and left the airport with his personal staff," said Arief.
Currently, the KPK is still investigating Wahyu and the four other people involved in this bribery case. This anti-corruption agency will reveal the OTT results within 1x24 hours after the arrest.
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