Report by Tribunnews.com reporter Danang Triatmojo
TRIBUNNEWS.COM, JAKARTA – The Constitutional Court (MK) decided to reject the request for a formal revision of the revised Law on the Corruption Eradication Commission (UU), registration number 79 / PUU-XVII / 2019 submitted by former leaders anti-corruption institutions.
However, a member of constitutional justice, Wahiduddin Adams has a dissenting opinion.
Wahiduddin alluded to President Joko Widodo’s stance not to sign the revised KPK law.
Whereas the lawmakers, namely the DPR and the President had previously agreed to make revisions.
Jokowi did not lobby the KPK law and allowed it to automatically become law, as provided for in Article 20 paragraph (5) of the 1945 law which states that a common law that has been approved will become automatically law if not approved by the president. within 30 days.
Also read: Kabulkan Constitutional Court Partial review of new Corruption Eradication Commission law: wiretapping and searches do not require adult permission
“There is no definitive and convincing answer as to why President Joko Widodo did not sign the law a quo, so the ratification of the law a quo is based on the provisions of the article. 20 paragraph (5) of the NRI Constitution of 1945, “Wahiduddin said during a hearing at the Constitutional Court building in central Jakarta on Tuesday (4/5/2021).
He alluded to Jokowi’s position on the KPK law along with his position on other regulations.
The reason is that Jokowi never signed the revised KPK Law, but on the other hand, he immediately stipulated a number of implementing regulations for Law 19 of 2019.
In fact, if the revised KPK law is not signed, the president usually needs time that is not immediately needed to promulgate regulations to implement the law.
Also read: MK Judge Says Jokowi Prepares DIM For KPK Bill In Less Than 24 Hours, Even If He’s 60 Days
“This is very different from the practice and context of several previous laws whose ratification was not in the form of the signature of the President. Whereas in general, the President still needs time which does not immediately stipulate the various implementing regulations of a law which he has not signed, ”he explained.
We know that neither the president nor his representatives were able to provide an explanation for this question, even until the reading of the final verdict.
Thus, Wahiduddin believes that the revised Law on the Corruption Eradication Commission is indeed flawed, has flaws and raises suspicion, as stated by the presidential expert proposed at this hearing, Maruarar Siahaan.
“About this fact on several occasions, we asked for an official explanation from the presidential power, but until the end of the trial, there was no explanation at all,” he said.
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