JAKARTA (Suara Karya): Corruption Case Court (Tipikor) should not be dismissed, because the forming was the mandate from the Constitutional Court. Because of that members of the Parliament who sounded the issue had better not to be reelected in 2009 General Election, because they were anti-corruption-eradication.

That was the summary of comments made by former Head of Formulating Team for Corruption Case Court Bill from the government, Romli Atmasasmita and Coordinator of Court Monitoring Division of the Indonesian Corruption Watch (ICW), Emerson Yuntho, who was contacted by Suara Karya separatedly, yesterday.

Romli and Emerson altoghether stated that the forming of the Corruption Case Court was the mandate from the Constitutional Court (MK). "The forming of the Corruption Case Court was the mandate from the Constitutional Court, not merely because the kind of the crime belongs to the extraordinary crime category," said Romli.
Before there was a discourse in the Parliament that corruption cases had better be handled by general court. Because so far corruption was a crime that was brought before general court.

According to Romli, the discourse resembled the Parliament did not follow the development for drafting the Bill of Corruption Case Court so far.

"The transfer of corruption cases from the corruption case court to general court used to be the discourse of the government formulating team through Pak Andi Hamzah. Now the discourse was directed to the Corruption Case Court. So the Parliament is left behind," said Romli.
According to Romli, the Corruption Case Court Bill at the moment was at the hand of the President. Waiting to be handed over to the Parliament.

Because of that, Romli expected the government really consistent with the Bill. "So that we know who does not have the commitment towards the corruption eradication," said Romli.
The limited amount of time for discussion complained by the Parliament about Bill, was a made up reason. "the Articles in the Bill are only about 40 something pages. I think it only takes a year. That is why, with that reason it means that the Parliament did not have the commitment in eradicating corruption," said the Professor in International Criminal Law from Padjadjaran University.

Romli also reminded that Indonesia had ratified the United Nation Convention Against Corruption (UNCAC) also the mandate of the Constitutional Court which had set single jurisdiction for Criminal Case Court to prevent law uncertainty in corruption cases. For that, Romli would still fight for the forming of the Corruption Case Court.
"if the forming of the Corruption Case Court is really blocked by the Parliament, I would initiate the forming of Government Regulation acting as an act (Perppu) as te legal ground," he said.

Besides that, it would be too expensive if the Corruption Case Court was dismissed. "Because, every inmates of the Corruption Eradication Commission had to be released, it is because the Corruption Case Court receives cases from the Corruption Eradication Commission. Every case handling in that commission will stop. So it is very expensive," said Romli.
Therefore, he suggested that if there was a member of the Parliament saying to dismiss the Corruption Case Court, he should not be reelected in 2009 General Election. That was agreed by Emerson.

The discourse according to Emerson was a contradiction to the Constitutional Court’s verdict that had to be executed. "For that, there has to be a strong push from the people in order to keep the Corruption Case Court still," said Emerson.
They who supported the discourse, according to Emerson, deserved the title anti corruption eradication politicians.

Before, the Constitutional Court verdict decided concerning Article 53 of Act on Corruption Eradication Commission used as the legal ground for the Corruption Case Court that it was against the 1945 Constitution and decided that the article did not have a binding legal power until a change took place approximately three years after the verdict was read out. (Nefan Kristiono)

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Translated by Yogi Djatnika (MKRI)

Monday, April 07, 2008 | 10:03 WIB 286