Politics
Denny Indrayana: Jokowi is politically difficult to conquer
TEMPO.CO, Jakarta – The founder of Integrity Law Firm, Denny Indrayana, said it was difficult to remove President Joko Widodo or Jokowi both constitutionally and politically. In addition to the difficult conditions to fulfill, the government of Jokowi is supported by a majority of political parties in the Parliament.
Denny explained that article 7A of the 1945 Constitution stipulates that the president can be dismissed by the MPR on the proposal of the DPR if it is proven that he violates the law in the form of state treason, corruption , bribes, crimes or committing a despicable act. The reason for the first stage of the indictment is in the hands of the DPR.
“Here, the process is already difficult, the opposition remaining within the PKS and the Democratic Party, we can expect that (the proposal for dismissal) will be rejected by the DPR. This is therefore only the first step that the president is safe, “he said during an online discussion on” Questioning freedom of opinion and the constitutionality of removal. ” President in the Covid-19 Pandemic Period ‘, Monday June 1, 2020.
If the House of Representatives approves the proposed removal, the next step is to submit it to the Constitutional Court to examine and prosecute the criminal acts committed by the President. There are three possibilities here: the proposals are rejected, cannot be accepted and listen to the opinion of the DPR.
“If it is rejected or cannot be accepted, then it’s over. Unless you still want to hear the opinion of the DPR, then it will come back to the DPR,” he said.
If the Constitutional Court turns out that the President has committed a crime, the next step is the MPR session. “In the Consultative People’s Assembly not necessarily revoked. The decision of the Constitutional Court may have been overturned by the MPR,” said Denny.
In addition, the current presidential impeachment is most likely hampered by the quorum requirements in the DPR and MPR as stipulated in article 7B, paragraph 3 of the 1945 Constitution. Submission of the impeachment to the meeting DPR plenary requires that it be supported and followed by at least two-thirds of the members.
“Achieving this goal alone is half dead because the Jokowi coalition is an absolute majority. If there is no change in the leadership of the coalition, it will be difficult to dismiss the president during the current period, “he said.
Quorum requirements will be even more difficult if later Accused presented to the plenary session of the MPR. The 1945 Constitution regulates the dismissal of the president during the MPR session can be done if attended by three quarters of the MPR members and approved by two thirds of the members.
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