Perppu on KPK Can Be a Rational Option

The issuance of Perppu on KPK can be a rational option amid the current political conditions. The stance of the factions in the House of Representatives (DPR) was still relatively varied in responding to the Perppu.

KOMPAS/WAWAN H PRABOWO

Speaker of the House of Representatives (DPR) Bambamg Soesatyo (center) gives response to the statement of President Joko Widodo who was considering issuing a government regulation in lieu of law (Perppu) on the Corruption Eradication Commission (KPK Law) at the Senayan Legislative Complex, Jakarta, Friday (27/9/2019). Bambang fully submitted the issuance of the Perppu to cancel the newly revised KPK Law to the President and the House of Representatives for the next period.

‍JAKARTA, KOMPAS — A government regulation in lieu of law (Perppu) related to the Corruption Eradication Commission (KPK) is believed to be a rational alternative considering the current political situation. Before the issuance of a Perppu, its content needs to be discussed with all stakeholders.

A conducive atmosphere needs to be maintained ahead of a big event in our state administration, namely the inauguration of members of the House,

Regional Representatives Council (DPD) and People’s Consultative Assembly (MPR) for the 2019-2024 period on 1 October 2019. The agenda will be followed by the inauguration of the president-vice president on 20 October.

Senior political researcher Mochtar Pabottingi of the Indonesian Institute of Science in Jakarta on Friday (27/9/2019) said the Perppu on the KPK Law could have a positive impact on societal conditions. "It [KPK Law] has become a source of disappointment among the public," he said.

In the past week, a wave of demonstrations by students, among others demanded the cancellation of the revision of the KPK Law, which had been passed by the House.

President Joko “Jokowi” Widodo, after meeting with a number of figures, said he would consider issuing a Perppu on the KPK (Kompas, 27/9/2019). Issuing a Perppu is one of the options being considered by President Jokowi. Other options are the revision of the KPK Law by the legislative body and a judicial review through the Constitutional Court.

Those three options were conveyed by President Jokowi when he met his volunteer supporters for the 2019 elections at Merdeka Palace, yesterday.

"The president asked us as his supporters, if he took one of the options, would it be supported? We said that we are ready to support," said secretary-general of the Jokowi National Secretariat, Dedy Mawardi, after the meeting.

Perppu requirements

Chairman of the Muhammadiyah Youth Organization Sunanto said the Perppu was the only way to appease the wave of public protests. He was worried that if President Jokowi did not immediately issue a Perppu on the KPK, the condition of the nation would worsen. A wave of protests can grow bigger because public demands have not been fulfilled.

Andalas University Constitution Study Center head Feri Amsari said a 2015 Constitutional Court ruling regulates the specific requirements for the issuance of a Perppu.

First,  a condition in society that compels the issuance of the regulation immediately. Second, the absence of law or there is a law but it does not solve the problem. Third, the normal legislation process takes too long to produce a regulation.

According to Feri, given the current condition the three requirements have been met and it is under the category of urgency.

Regarding the content of the Perppu, several alternatives have emerged among the state administration law experts. There are ideas to straightforwardly annul the revision of the KPK Law.

However, there are also other alternatives, such as to make the Perppu accommodate some of the content in the KPK Law revision, so that it does not make it difficult for the KPK to do its job.

Regarding President Jokowi’s statement that he would need time to make a decision, a lecturer in state administration law from the

Jentera Law College, Bivitri Susanti, said such a move was reasonable so that the President could talk with the House smoothly later. A number of issues in the revision of the KPK Law can be put in the Perppu.

Giving an example, she said the stipulation regarding the presence of a supervisory board can be maintained. However, its role must not include the pro justitia power. "Its authority should be just supervisory and ethical issues," said Bivitri.

Various faction responses

The stance of the House factions in responding to President Jokowi\'s consideration for the issuance of the Perppu was relatively varied.

Most of the members and leaders of House factions said they could not take action because, even if the Perppu was issued, it would be deliberated by the new members of the House for 2019-2024 term.

PDI-P faction secretary Bambang Wuryanto said the President should not issue the Perppu. He added if there were parties who did not agree with the revision of the KPK Law, it would be better for them to submit a judicial review to the Constitutional Court.

According to Bambang, the President has the right to issue the Perppu, but the House also has the right to accept or reject it. The PDI-P faction will discuss internally if the Perppu is issued.

"We appreciate the President\'s consideration to issue a regulation. However, this revision of the KPK Law has not yet been implemented. We should see the implementation first because the revision of the KPK Law has good purposes," said House Commission III member Arteria Dahlan of the PDI-P faction.

PAN chairman Zulkifli Hasan said he respected the consideration of the President who wanted to issue the Perppu on the KPK. According to him, the government and the House will also listen to the aspirations of the students.

House Commission III member Arsul Sani of the PPP faction did not see President Jokowi’s plan to issue a Perppu as a problem. According to him, the Perppu would not annul all aspects of the KPK Law revision. "It could be that the Perppu is issued only to fix certain articles that were questioned by the community," he said.

(REK/DVD/SHR/NTA/IAN/INA)