DPR's Denial Of Article Smuggling In The KPK Law

Member of Commission III Arsul Sani (Mery Handayani / VOI)

JAKARTA - The problem of revising Law Number 19 of 2019 concerning the Corruption Eradication Commission is still not resolved. After being opposed to causing a large mass action at the DPR building, the KPK Law was still passed.

Three former KPK commissioners for the 2015-2019 period filed a lawsuit at the Constitutional Court (MK) regarding the KPK Law. They are Agus Rahardjo, Saut Situmorang, and Laode Syarif. This lawsuit was filed because the Corruption Eradication Commission Law was deemed formal and procedural flaw so that it could not be enforced and was null and void by law.

During the trial to revise the petition for formal review of Law Number 19 of 2019 concerning the KPK, on Wednesday, January 8. The petitioner's attorney, Muhammad Isnur, said that law smuggling occurred in the planning and discussion process of the two KPK Laws.

Apart from that, the petitioner also claimed that most of the members were absent or physically absent from the hearing so that it was not in accordance with the DPR's rules of procedure.

Commission III member Arsul Sani denied the allegation that the attorney stated that the DPR covered the attendance list of members during the KPK law revision process. According to him, none of the KPK commissioners came to ask.

"Why is the question of the absence, how many, how many, the formal review of the law so far there is no jurisprudence in the Constitutional Court. I don't think so, if at that time they came to me, I gave them (the attendance list). I'm a member of Panja. The KPK Bill as well. Nobody came. It could be formal or informal, "said Arsul, at the DPR Building, Parliament Complex, Senayan, Jakarta, Thursday, January 9.

Arsul explained that the petitioner should not blame the ongoing discussion process until the ratification of the KPK Bill into the KPK Law. This is because what is being tested is the material, not the procedure.

"The problem is what is it for? It should be judicial review in the Constitutional Court, the focus is what is in the articles or contents of Law number 19 of 2019 contrary to the norms in the Constitution, the focus must be that," he explained.

Arsul explained that the authority of the Constitutional Court will later decide on the accusation. He also said that as a respondent later the DPR would also prepare evidence when asked to provide an explanation by the Constitutional Court.

"Commission III of the legal team will also prepare a statement when it is time for the Constitutional Court to ask the DPR for information," he said.

Previously, the Attorney for Petitioners Muhammad Isnur said that the DPR had smuggled the law in the planning and discussion process of the two KPK Laws.

One of the reasons for the smuggling was that the discussion on the KPK Law took no more than 14 days. Discussions at the DPR RI were only five days from 12-17 September 2019. His party also found facts, the legislators, namely the government and the DPR, used fictitious academic texts and did not meet the requirements for planning the amendment of the KPK Law.

Then a study on the KPK Supervisory Board, the elimination of KPK rules in the formation of representatives from the province, the elimination of the KPK advisory team, a study on KPK employees as ASN employees, and the minimum age of KPK commissioners. This was not mentioned at all in the discussion in the academic paper.