Petitioner’s Expert: Presidential Permit Made Difficult of Legal Process
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Many of the rules of law are still sided with the corruptors. One is a rule that states that should the consent or approval of the President during the investigation and the investigation will be conducted against the head region and / or deputy regional head. Presidential Permit is extremely disturbing anti-corruption agenda.

Thus it was stated by Saldi Isra, Petitioner presented the expert in the case 73/PUU-IX/2011, Thursday (22/12) at the plenary room.

In this case, the Petitioners, which consists of: Ferry Amsari, Teten Masduki, Zainal Arifin Mochtar Hussein, and the Indonesia Corruption Watch (Danang Widoyoko), review of Article 36 paragraph (1), paragraph (2), paragraph (3), paragraph (4), and paragraph (5) of Law Number 32 Year 2004 regarding Regional Government.

In the norm, according to Saldi, the provisions of article that reviewed have a layered permission. As a result, law enforcement process should be implemented quickly and simply difficult to materialize. "Creating a new bureaucracy in law enforcement," he said.

The opinion is strengthened by the results of the RI Attorney stating that the rules are an obstacle in law enforcement. Some conclusions from the study: First, permission was not in line with the principle that all people have equality before the law. Second, the principle of justice is a fast interrupt. Third was the potentially disruptive power of the judiciary. "Fourth, lead to discrimination for law enforcement agencies," said Saldi.

In practice, Saldi said, still quoting the results of the study, requested permission sometimes there is never the answer. "Thus, the handling of the case becomes unclear and hanging the solution."

Worse yet, the provisions are potentially misused. One of them is due to lack of control mechanisms to process licenses. "It’s a dark alley in law enforcement," he said. "There are a variety of interests in it."

According Saldi, the view that the provision was intended to preserve the dignity of the head region and a ‘protection’ in order not to disrupt the rhythm of local government, is less precise. Because actually, the system of government (local) we already have the anticipation of it, namely the presence of deputy regional head office. And, even if the two heads of allegedly problematic areas, there still remains anticipation, ie, the regional secretary and executing the task (Plt).

Meanwhile, as a witness, it is also presented by the petition of former Chairman of Corruption Eradication Commission, Chandra M. Hamzah. He also confirmed it. He argues, based on his experiences during the Commission, without the permission, it clearly facilitates the ongoing legal process. (Dodi / mh/Yazid.tr)


Monday, December 26, 2011 | 20:32 WIB 219