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Expert Explains Why KPK Law Should Not be Revised

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11 February 2016 15:26 WIB

TEMPO.CO, Jakarta - Rejection towards the government's plan to revise the Corruption Eradication Commission (KPK) Law continues to take place. Bivitri Susanti, researcher from the Center for Legal and Policy Studies (PSHK) explains three reasons why the KPK Law does not need to be revised. "There is no clear legislative politics in the revision of the KPK Law," Bivitri said on Thursday, February 11, 2016.

The first reason, as Bivitri explained, is that the KPK has no conflict with the 1945 Constitution. PSHK asserted that this can be proven from previous decision made by the Constitutional Court (MK) in for judicial reviews on KPK Law since back in 2003 until today. "Until 2016, at least 18 [judicial review] requests were proposed and tested in the MK, and so far, MK did nothing else than strengthening the KPK," Bivitri said.

The second reason, Bivitri added, the KPK continues to effectively carry out its duties up until today. Based on data collected by PSHK, KPK is the only institution that has managed to handle corruption cases that could have caused massive potential of state losses compared to two other law enforcement institutions, namely the Police and the Attorney General Office. "In 2014, KPK has handled cases [that could have caused] Rp 3 trillion state losses, while the police's cases could have costs Rp 132 billion state losses, and AGO only handle cases that could have caused Rp 1.7 trillion state losses." Bivitri said.

The third reason, as Bivitri highlighted, is that the revision plan was driven mainly by political discontent. Bivitri said that such condition can be seen from the sudden inclusion of the revision plan in the National Legislative Program (Prolegnas). "No apparent reason, [the revision] suddenly came up [in the Prolegnas]," Bivitri said.

Bivitri argued if the government did plan to revise the KPK Law, then it should first amend the Criminal Code, the Criminal Procedural Code, and other laws and regulations related to the country's law enforcement system.

BAGUS PRASETIYO



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