TEMPO.CO, Jakarta - Setya Novanto's Resistance to KPK that set him as a suspect of the electronic ID card (e-KTP) corruption project through judicial review in the Constitutional Court (MK) has rejected. MK declared that the judicial review of Article 46 of the Corruption Eradication Act concerning the duty procedure of determining the suspect which proposed by Setya, the former Chairman of the House of Representatives (DPR), is unacceptable.
“We declare the applicant's plea is unacceptable," said Chairman of the Constitutional Court Judges, Arief Hidayat, at the Constitutional Court on Wednesday, February 21. In his consideration, the constitutional judge Saldi Isra said that the terms of summoning members of the Council by the KPK should be permitted by the President, regulated on Article 245 (1) Law No. 17/2014 on MPR, DPR, DPD, and DPRD (MD3 Law) shall not apply.
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Judge Saldi explained the investigation by KPK against Setya Novanto in procurement project of e-KTP is a special crime. According to the Court, Article 245 (1) cannot be separated by the provisions of Article 245 (3) MD3 Law stating that Article 245 (1) is not valid if DPR members are caught committing criminal act, suspected of committing criminal act that is subjected to capital punishment or life imprisonment, or criminal act against humanity and state security on the basis of sufficient preliminary evidence, and presumed to commit a special crime.
“There is no cross constitutional issue against Article 46 (1) of the Corruption Eradication Commission Law,” Saldi said. The Court has declared that the Setya Novanto has no legal position to file the quo petition.
FRISKI RIANA
