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President Widodo using judicial review as excuse not to annul flawed KPK Law

Detik News - November 3, 2019

Muhammad Fida Ul Haq, Jakarta – State Secretary Pratikno says that President Joko "Jokowi" Widodo respects the judicial review of the new Corruption Eradication Commission Law (UU KPK) at the Constitutional Court (MK) and will not interfere with the process by issuing a government regulation in lieu of law (Perppu) to annul the law.

The Gajah Mada University (UGM) Anti-Corruption Study Centre (Pukat) however believes that this is simply an excuse not to immediately issue a Perppu KPK.

"I think the president appears to be simply looking for an excuse, yes. The excuse is also inappropriate. Actually in legal terms, a justification such as this is very inappropriate. It could in fact bury the legal essence itself. I don't know also if this is just a case of [Widodo] trying to buy time until the public forgets", said UGM Pukat Chairperson Oce Madril when contacted on Saturday evening, November 2.

Madril said that the Constitutional Court judicial review can proceed of its own accord alongside a Perppu KPK. Widodo can issue a Perppu KPK if the situation is compelling.

"Actually the judicial process has no relationship with it, it can proceed of its own accord, yes. A Perppu is the president's prerogative if indeed the situation is compelling so the president can issue a Perppu", said Madril.

Madril said that if a Perppu annulling the KPK were issued it would remain in force until the Constitutional Court makes a ruling on the judicial review. He believes that a Perppu would not be affected by a Constitutional Court ruling.

"I'm quite sure, the judicial review or the law, the Constitutional Court won't meddle with it", he said.

Earlier, Pratikno said that Widodo respects the judicial review of the new KPK Law with the Constructional Court and that that a Perppu on the law is another matter.

"So the other day Pak [Mr] President, the other day I was also there, the Pak President's meaning was in essence related the Perppu KPK is that he respects the legal process taking place at the MK", said Pratikno at the Lanud Halim Perdanakusuma International Airport in Jakarta on Saturday.

"So the issue isn't about issuing a Perppu or not, but he respects the legal process that's taking place at the MK. Let the legal process proceed, take its course. The Perppu MK is a different issue for later", he said.

Pratikno said that Widodo is waiting until the judicial review is finished and only then will he think about issuing a Perppu KPK. He reasserted that Widodo respects the legal process at the Constitutional Court.

"Yes I think it's like that (waiting for the judicial review). That was the message from the Pak President earlier, reading the news reports the impression isn't like that, yet actually what the president wants to emphasise is that he respect the legal process taking place at the MK", said Pratikno. (fdu/fdu)

[Translated by James Balowski. The original title of the article was "Jokowi Dinilai Hanya Cari Alasan Tak Terbitkan Perppu KPK karena Gugatan MK".]

Source: https://news.detik.com/berita/d-4770122/jokowi-dinilai-hanya-cari-alasan-tak-terbitkan-perppu-kpk-karena-gugatan-mk