TEMPO.CO, Jakarta - The Corruption Eradication Commission (KPK) schedules the examination of an alleged corruption suspect of electronic ID card (e-KTP), Setya Novanto, Wednesday, November 15, 2017. The use of article 20 A paragraph 3 of the 1945 Constitution on legal immunity which is often used as an excuse to refuse Setya Novanto`s examination by his Legal Counsel, Frederick Yunadi, was criticized by many parties.
"He (Setya Novanto) is playing a circus here," said Constitutional Law expert Mahfud MD, Tuesday, November 14, 2017. The article that said every member of the Council has the right to immunity is considered inappropriate to be used as an excuse for absenting from any kind of examination of corruption cases.
Yunadi compared the right of immunity for the House of Representatives` (DPR) members with the rights of the foreign ambassadors to Indonesia. According to him, the immunity rights owned by the ambassadors made them untouchable by law enforcers including the KPK. "The KPK should learn about the right of immunity," said Yunadi.
However, according to Mahfud, the right of immunity could be applied only to members of the council who are in an official session, in which is still related to his duties as a House member. "All statements of the board members in charge, should not be prosecuted despite offending other people.
"But if a member did a crime personally, there is no such thing as the right of immunity for him/her, even if they are the members of the Parliament," said Mahfud. Like, for example, a corrupt legislator.
Mahfud saw that Setya used the right of immunity as his reason just to avoid being examined by the KPK. Since being named as a suspect for the e-KTP corruption case for the second time, the Golkar Party Chairman had always been absent from examination session for various reasons. The most recent reason is that Setya claimed that his immunity right could prevent the KPK from touching him.
Constitutional Law expert Refly Harun, agreeing with Mahfud MD, said that the immunity rights of House members are not applicable to corruption cases. This right, he said, can only be used in connection with his duties and authorities in the DPR. "So if a member, including the chairman (Setya Novanto), is suspected of a corruption act, then there is absolutely no right of immunity there."
MAYA AYU PUSPITASARI
