The President has signed the Peraturan Pemerintah Pengganti Undang-Undang (Interim Law) into effect on Monday (21 September 2009). I have not yet received a copy of the Perpu, but have been in discussion about the content.
The Perpu adds two articles to Law No. 30 of 2002 on the Corruption Eradication Commission (Komisi Pemberantasan Korupsi / KPK), namely: Article 33A and 33B. These additional articles deal with the execution of duties of the commissioners of the KPK and provides the president the authority to nominate additional temporary commissioners to the KPK when there is a vacuum of leadership. Presumably, this provides requisite authority for whatever reason underscores the dismissal or suspension of commissioners from the KPK.
In this case, the Head of the KPK, Antasari Azhar, has been arrested and is to go on trial for his alleged involvement in the assassination of a Director of PT Putra Rajawali Banjaran, Nasrudin Zulkarnaen. Consequently, Antasari has been dismissed from his position. Furthermore, two other commissioners, Chandra M. Hamzah (I used to work for Chandra before he became a commissioner - just in case any disclosure is needed) and Bibit Samad Rianto, have been declared non-active as they have become suspects in an abuse of authority matter involving the issuance of travel bans (cekal) and their subsequent lifting of the bans against two corruption suspects, Anggoro Widjoyo and Djoko Tjandra.
A perpu in this case is not the right way to go. It sends the wrong message. By issuing a perpu the president is in effect stating that he agrees with the manner in which the police are going about this matter. He is also stating that it is legitimate for the police to criminalize actions that are explicitly within the administrative field. Even the Chief Justice of the Constitutional Court, Mahfud M.D., has stated that this is an administrative matter that would require the two individuals who feel that they have been victimized by the administrative actions of the KPK to file suit to seek compensation or damages for any loses sustained.
Issuing perpus in this context is a slippery slope that might come back to haunt the president when he is a former president.
19 comments:
Is your eye on the ball??
Presiden SBY batal mengumumkan secara langsung penerbitan Perpu pelaksana tugas (Plt) sementara pimpinan KPK. Belum ada kepastian apakah payung hukum itu jadi terbit pagi ini atau ditunda. Detik
Ditunda??
Anong...
My post went out before the Detik news came online.
I will look into it. But, a reasonable interpretation of what you have quoted would be that the president is not going to announce the perpu. There seems to be some confusion as to whether it is in force.
If he has signed it and it meets all the other requirements for enactment, then it is as good as gold, isn't it?
Yep, I blame Detik for the ambiguity. But at least they are awake at the wheel.
Anong...
Mate, are you dissing me about being asleep at the wheel?
When I went to press the decision was that the President would be doing the rounds with the perpu before leaving for the US of A.
If it makes you any happier, I could add a postscript? ;)
No, not at all, and to use Brett's word; I was not dissing you.
You can write much better than Zorge - did you see his piece in the Globe on Aceh?? Come on, get published man.
Im not a disser. And this is not a dissertation.
Anong...
Thanks.
I wonder if the Globe will take my pieces on KD and Maia with the photos included of course. ;)
Yes, expose all you like - but leave the nether regions for those who write here in the next century.
I think the Kpk story has taken a severe turn with SBY's latest move. The story needs a new focus - or has he outrun us?/
and I read the Van Zorge piece. Anyone interested can find it here:
http://thejakartaglobe.com/opinion/if-aceh-wants-shariah-let-it-have-shariah/331108
Anong...
Severe turn?
In not announcing the perpu or the fact that he signed a perpu at all, and by most accounts the Keppres (Presidential Decree) is also ready to go with respect to the alternate nominees.
I saw this as a smart distancing move...
Presiden SBY telah memilih 5 orang tim perumus untuk merekomendasikan nama pengganti pimpinan KPK.
maybe im on the wrong track. its a bit our of my league now. And IM on holidays!!
Anong...
It might be, but it is more interesting that he thinks this is enough distance to fool the Indonesian public.
The reality is that he had to sign off on the perpu, and he will also (if not already) have to sign off on the Keppres.
So, it is doubtful that putting in place a team to select alternative really puts that much distance where distance is needed.
Probably, the best option would have been for the president to show some testicular fortitude and shut down the police investigation as ultra vires. In essence, it was the police who were abusing their authorities and not the KPK.
This would have allowed the police to focus on the supposed criminal charges they are going to bring relating to bribes and other matters.
Nah, this conflict is personal and it reeks of payback.
Again, as a novice, it would seem that the murder and all related matters have smells of paybacks about them.
IN general, how is the eradication of payback arrived at? When is revenge fair in this sort of war? I leave that one to the experts
Anong...
Think it might be one for the amateurs.
Or, is it a case of "all is fair in love and war"?
Dunno, but in an Australian context I associate payback, for good or bad, with returning the favour.
Here it seems more to be getting back at someone who did the dirty on you earlier, right?
see its bigger than both of us...
Ketua Tim Kuasa Hukum KPK Bambang Widjajanto mengatakan pihaknya sedang mengkaji 3 upaya hukum di MK, yakni uji material Perpu Plt Pimpinan KPK, uji materi pasal 421 KUHP dan gugatan sengketa kewenangan antarlembaga negara.
ANONG...
Payback generally has negative connotations. If I was wanting to return a favour then I would say, returning a favour.
It is what it is. Payback normally comes after someone has done you over.
Lawnong...
Not sure I am following what you mean that it is bigger than both us.
All of these moves were expected. It is interesting that the move is on at the MK.
I have been arguing for a more immediate move at the administrative level to get the police to drop the abuse of authority charges because no end of investigation is going to give them the information they need to make a case and the police are abusing their authority in acting in the manner that they are.
Injunctive releif to get Chandra and Bibit declared to be no longer suspects and then a full throttle MK move to tidy up all the loose ends.
Ok, got it.
thanks
Lawnong...
Okey Dokey, I think.
Thank you for your article, pretty worthwhile material.
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