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Key to annul KPK law lies in Jokowi's hands, says DPR member

Tempo - September 23, 2019

Budiarti Utami Putri, Jakarta – House of Representatives (DPR) law commission deputy Desmond J. Mahesa said that postponing the revised law on the Corruption Eradication Commission or KPK Law lies in President Joko "Jokowi" Widodo.

Desmond argues that the president could simply just not officialize it into a state initiative.

"The President can simply not record it in a state initiative, the Law would not be applicable in terms of legal fiction. Or rather the President can just not register the Law and it would not be official," said Desmond to Tempo on Sunday, September 22.

A legal fiction is a fact assumed or created by courts used in order to help reach a decision or to apply a legal rule. Desmond suggests that the revised KPK Law will automatically stand still and will not be legally applicable.

Desmond argues that this option can be viewed as the most 'elegant move' rather than issuing a government's decree in lieu of law (Perppu) as demanded by members of the public considering a Perppu would need to be authorized by the House.

The political process would take a considerable amount of time, not considering the possibilities that legislators would reject the Perppu, which would add fuel to the fire amidst the public's heightened rage and disappointment.

"It would be even more complicated if the House rejects [the Perppu], people could lash out," said the House member.

Moreover, Desmond said that postponing the revised KPK Law that was passed by the House on September 17 lies in the hands of President Jokowi. He then questioned whether the president actually has intentions to strengthen the KPK.

Source: https://en.tempo.co/read/1251162/key-to-annul-kpk-law-lies-in-jokowis-hands-says-dpr-member