Civil society groups intend to file a judicial review petition against the amendment of the Corruption Eradication Commission (KPK) Law with the Constitutional Court.
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JAKARTA, KOMPAS — After the endorsement of the amendment of Law No. 30/2002 on the Corruption Eradication Commission (KPK) by the House of Representatives (DPR) on Tuesday, a number of civil society groups have prepared a judicial review against the revised law to be filed with the Constitutional Court.
In addition to substantially weakening the KPK and violating the Constitution, the way in which the law was revised is also considered to have violated procedures.
Presidential Chief of Staff Moeldoko said in Jakarta that it was the right of the people to challenge the revised KPK Law. “It\'s the right of the people. We cannot limit public rights. But most importantly, the political process must be transparent for people to see clearly," he said.
According to Moeldoko, President Joko “Jokowi” Widodo\'s commitment to eradicating corruption has not wavered. He also emphasized that no attempt had been made to weaken or curb the KPK through the revision of the KPK Law.
The KPK bill was passed during a House plenary meeting on Tuesday afternoon. The chairman of the meeting, House Deputy Speaker Fahri Hamzah said 289 out of the House’s 560 members were on the attendance list, including those who had asked for permission not to attend.
However, based on a manual count, only 80 lawmakers were present at the beginning of the meeting and 108 lawmakers by the end of the meeting.
Three factions of non-government supporting parties, namely the Gerindra Party, the Prosperous Justice Party (PKS) and the Democratic Party, voiced reservations about the revisions. Nevertheless, the bill was approved, but with the factions\' reservations noted.
The director of Andalas University\'s Center for Constitutional Studies, FeriAmsari, said the procedure of the bill\'s endorsement had violated standard procedure.
Civil society groups plan to challenge the new KPK Law through the state administrative court and the Constitutional Court (MK), Feri said.
Violation of procedure
The legal petition, said Feri, will mention several things, including the fact that deliberations on the KPK Law revision were conducted in a closed meeting, which did not meet the principle of openness as stipulated in Law No. 11/2011 on the Formation of Legislation (PPP).
In addition, according to the PPP Law, deliberation of bills proposed both by the House and the President should be based on the House\'s list of priority bills (Prolegnas). The amendment of the KPK Law was not included in the 2019 Prolegnas. The KPK Law amendment was only included in the 2014-2019 Medium-Term Prolegnas.
Feri said that according to the law, civil society had the right to submit a legal review related to the procedures in the amendment of the KPK Law and its content that affected the people.
Constitutional law lecturer at the Indonesian Law School of Jentera, BivitriSusanti, confirmed that a coalition of civil society groups intended to file a judicial review of the KPK Law. The coalition was currently studying which articles in the new KPK Law were in violation of the 1945 Constitution.
The coalition is waiting for the new KPK Law to be signed by President Jokowi.
Responding to the planned petition against the KPK Law, Fahri Hamzah said there had been several legal challenges against laws produced by the House and the government and it would therefore not be a problem for the House if the new KPK law was challenged through the MK and the state administrative court.
KPK studies implications
The KPK is studying the revised law. KPK spokesman FebriDiansyah said KPK leaders had formed a team to conduct a legal analysis, as well as to identify implications of the amendment on KPK activities and risk analysis to identify action that the KPK could take.
KPK deputy chairman Laode M. Syarif said the new KPK Law had changed the direction of corruption eradication and clearly weakened legal enforcement and prevention efforts currently carried out by the KPK.
A number of articles in the new KPK law were passed despite objections voiced by President Jokowi at a press conference last week.
Meanwhile, KPK employees, anticorruption activists and members of society gathered on Monday at the KPK office in Jakarta. Participants sprinkled flowers on a mock tomb of the KPK while raising a yellow flag, which symbolizes death.