President Joko Widodo has changed his mind. He previously closed the option to issue a government regulation in lieu of law to revoke the controversial revision of the Corruption Eradication Commission (KPK) Law.
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President Joko “Jokowi” Widodo has changed his mind. He previously closed the option to issue a government regulation in lieu of law (Perppu) to revoke the controversial revision of the Corruption Eradication Commission (KPK) Law. Now, the President is considering it.
The issuance of a Perppu is the authority of the President which is stipulated in the constitution. The change in President Jokowi’s position was made after meeting with elements of the community at the State Palace on Thursday, 26 Sept. 2019.
The President said, "Regarding the KPK Law which was passed by the House of Representatives, I have received a lot of inputs on the need to issue a Perppu. Of course, we will make a calculation and consider it, especially in terms of politics," President Jokowi was quoted by Kompas as saying (27/9/2019).
The ratification of the revision of Law Number 30 Year 2002 concerning the KPK has caused a wave of demonstrations. The revision of the KPK Law was initiated by the House of Representatives (DPR). President Jokowi approved a limited revision. Public aspirations were ignored. The government and political parties agreed to revise the KPK Law by adding the Supervisory Board.
The Supervisory Board will become a new force in the KPK because all of the KPK\'s legal steps, such as wiretapping, confiscation and searches, must seek a written permission from the KPK. In fact, written permission for wiretapping will only be given by the Supervisory Board after a preliminary hearing is held.
The substance of the KPK\'s revision has indeed weakened the KPK. KPK\'s independence to take legal action must obtain permission from the Supervisory Board. The revision was later protested by students and academics from various universities. A wave of student protests in a number of regions eventually claimed lives. The use of excessive force on the student movement is regretted.
On one hand, President Jokowi has listened to the aspirations of a number of elements of the public regarding the possibility of issuing a Perppu. The change in the attitude of President Jokowi who previously refused the issuance of Perppu could have influenced the public\'s perception of the President.
Perppu is the constitutional right of the President. Urgency is a prerequisite of the issuance of a Perppu, but it is President\'s subjective interpretation. President Susilo Bambang Yudhoyono also issued a Perppu when the House approved the revision of the Regional Head Election Law which changed direct elections to elections through the DPR in September 2014.
We urge President Jokowi to talk to the leaders of political parties about the recent political situation. An understanding must be built between the President and the leaders of political parties. The understanding is important because the Perppu must be brought to the DPR for approval.
The DPR can refuse or accept the Perppu. The problem is not only on the issuance of the Perppu, but the substance of the Perppu itself. The time to submit a Perppu is also another matter that should be considered.
Debate about details becomes important so that this nation does not continue to be trapped in a prolonged legislation problem.