JAKARTA - PDI Perjuangan formed a legal team to study the bribery case that ensnared former commissioner of the General Election Commission (KPU) Wahyu Setiawan and PDIP candidate Harun Masiku regarding the interim replacement (PAW) of members of the Indonesian Parliament.
The legal team assessed that there was a problem in the issuance of an investigation warrant (sprinlidik) in the case.
"Sprinlidik on December 20, something we have to pay close attention to is that the presidential decree (presidential decree) to dismiss the old KPK leadership was signed on October 21, 2019," said member of the PDI-P DPP legal team, Maqdir Ismail to reporters at the PDIP DPP office, Jalan Diponegoro, Menteng, Central Jakarta, Wednesday, December 15 evening.
Based on the presidential decree, said Maqdir, the leadership of anti-graft institutions should not have the right to take actions related to investigations.
"On October 21, they will be dismissed with respect until December 20 before the new leadership is sworn in. The KPK leadership is not legally authorized to carry out what actions have been their authority," he said.
Not only the spilindic issue, the lawyer for the former Chairman of the DPR Setya Novanto also mentioned the matter of returning the mandate carried out by former KPK Chair Agus Rahardjo along with his two former deputies, Saut Situmorang and Laode M Syarif in September 2019. According to him, these three people have resigned from their posts. , so that the decisions taken are not valid, including in illegal action.
"Don't forget when the leadership of the KPK with the old KPK Law, the nature of their activities was a collegial collective. When there are three people who have resigned, it should not be legal, they cannot carry out a legal process. I think that is important," he said.
The Presidential Decree referred to refers to the Presidential Decree Number 112 / P of 2019 concerning the Respectful Dismissal and Appointment of the Chairman of the Corruption Eradication Commission. This Presidential Decree was issued on October 20, 2019.
In the presidential decree, in the third clause, a statement states that this presidential decree takes effect only after the leadership of the KPK for the next period is appointed.
"This Presidential Decree takes effect from the moment of pronouncing the oath / promise as referred to in the second dictum of this Presidential Decree," an excerpt from the presidential decree.
If you reflect on the quote, then Agus Rahardjo cs can only be said to have been honorably discharged on December 20, 2019 or on the day the KPK Supervisory and Leadership Board for the 2019-2024 period was inaugurated at the Presidential Palace, Jakarta and took their oath of office.
Meanwhile, the reimbursement of the mandate that was carried out by the three KPK commissioners was disputed, according to President Jokowi this did not mean anything.
"The KPK Law does not exist, we do not recognize the name of returning the mandate. Nothing, nothing," said Jokowi on September 16, 2019.
According to Jokowi, the KPK only recognizes three mechanisms, namely death, exposure to corruption. "But there is no such thing as returning the mandate," he added.
The PDIP DPP formed a legal team to handle this case. The team was led by I Wayan Sudirta, accompanied by his representatives, Yanuar Prawira Wasesa and Teguh Samudera. This team has eight members, namely Nuzul Wibawa, Krisna Murti, Paskaria Tombi, Heri Perdana Tarigan, Benny Hutabarat, Kores Tambunan, Johannes L. Tobing, and Roy Jansen Siagian. They are all PDIP cadres.
Apart from them, there are also lawyers on the team. Among them, Maqdir Ismail, who also served as a lawyer for the former chairman of the DPR, Setya Novanto.
This team will determine further legal steps related to the bribery case of KPU commissioner Wahyu Setiawan for the interim replacement of members of the DPR for the 2019-2024 period, as well as reports that mention PDI-P Secretary General Hasto Kristiyanto to be involved in it.
A number of reports stated that Hasto was suspected of being involved in the bribery case that dragged Wahyu. He is said to have prepared money to smooth Aaron's steps. It's just that this allegation has been denied by Hasto since the beginning his name was said to be involved.
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