JAKARTA - The Constitutional Court (MK) is examining the Judicial Review lawsuit regarding Law Number 19 of 2019 concerning the Corruption Eradication Commission (KPK Law). In connection with this process, the Anti-Corruption Civil Society Coalition hopes to ask the Constitutional Court to bring President Joko Widodo to trial.
Representative of the coalition from Indonesia Corruption Watch (ICW) Kurnia Ramadhana said there were many problems related to the process of discussing the revision of the KPK Law, which could only be answered directly by the President. One of them was related to President Jokowi's reasons for not signing the new KPK Law until it came into effect automatically on October 17, 2019.
"Therefore, for the sake of justice, the Constitutional Court needs to summon the President in the next sessions," said Kurnia in a written statement received by VOI, Tuesday, March 10.
According to Kurnia, the Constitutional Court trial played an important role because it exposed the confusion in the process of revising the KPK Law. The process, he said, was also carried out openly, so it was possible to summon the president and explain his reasons for not signing the law.
"The Constitutional Court must wisely provide benchmarks for the formation of constitutional laws, so that procedural defects can lead to substance defects,"
ICW researcher, Kurnia Ramadhana
In a broader perspective, said Kurnia, the Constitutional Court's consideration in this case would not only save the KPK institution, but also that the decision of the case would become a landmark decision to guarantee the obedience of the President and DPR to the mechanism for forming laws.
Moreover, the government is currently drafting an omnibus law package for the Job Creation Bill, the Taxation Bill, and the State Capital Bill, whose drafting procedures have the potential to violate the constitution and constitutional rights.
"Therefore, the constitutional standard for the formation of laws must be firmly affirmed by the Constitutional Court so that any constitutional formation is not carried out carelessly, violates the values of the constitution, and even injures the constitutional rights of citizens," said Kurnia.
Separately, in a special interview by the VOI team with the former Deputy Chairman of the KPK, Saut Situmorang, regarding the revision of the KPK Law. He still really hopes that the Constitutional Court can grant all claims for the revision of the KPK Law.
"I still have to be sure, our judicial review will win, right, the trial is still ongoing. Several more trials," said Saut while asking employees at the anti-graft agency to be patient with all the current changing conditions.
The revision of the KPK Law has been challenged by a number of parties, since it was passed by the DPR in September 2019. One of the applicants for this lawsuit is the chairman of the Corruption Eradication Commission for the 2014-2019 period, namely KPK Chair Agus Rahardjo and two KPK Deputy Chairmen Saut Situmorang and Laode Muhammad Syarief
As for now, the judicial review of the KPK Law at the Constitutional Court has entered the stage of examining experts. This means that in the near future the Constitutional Court will immediately decide the judicial review case from the revision of the KPK Law.
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