Resignation of fourth President Abdurrahman Wahid or Gus Dur familiarly called is already done and no problems, both legal and criminal issues in constitutional law. Behind the fall of Gus Dur, merely a political matter in which there is less and win, no matter jurisdiction.
This was revealed by Chief Justice of the Constitutional Court, Moh. Mahfud MD as a main speaker at the event "The History ouster Gus Dur" organized by the Wahid Institute, Friday (4/1) night at the House of the Wahid Institute, Jakarta. "Both criminal and constitutional law, no fault of Gus Dur," he explained.
Mahfud reasoned, when the case Buloggate sticking at it and ended up at the trial table, Gus Dur was not shown to be associated with the problem. Even from the Attorney General and the Police itself has stated, Gus Dur was not related to the case Buloggate. "The Attorney General and the Police have declared (Gus Dur) have nothing to do, so it was legally done," said former Defense Secretary Gus Dur era is.
In addition, Mahfud said, the case is the same Bruneigate been legally declared over. According to him, this issue is no case law because the money is not required by the state to other states and not be given by other countries to the country of Indonesia. "That kind of charity channeled material. Therefore, the law of criminal cases Brunei has stopped," he explained.
In addition to criminal matters, Mahfud also revealed problems experienced in constitutional law at the Gus Dur resignation from the presidency. According to him, the process of settlement in constitutional law is not going so well. The relationship with Parliament president had long "hot", since the president dismiss ministers from political parties.
With authority, the House of Representatives after undergoing various processes eventually issued a memorandum to the President Gus Dur, as suspected had been involved in the case and Bruneigate Buloggate. However, Mahfud administrative law judge issued a memorandum that was wrong, because a president if given a memorandum that she had actually violated state policy.
Why memorandum remains when it is dropped, the president suspected had violated state policy? According to Mahfud, since the beginning of the relationship between Parliament and Gus Dur was "hot", so it still dropped the memorandum. "Lawmakers keep dropping it (memorandum) as Gus Dur fight continues and does not want to compromise," said Mahfud.
At the same time, Wahid sacked police chief without the approval of Parliament, because at that time the situation was urgent. Then it said Mahfud, assessed by MPR wrong, because without the approval of Parliament. With this incident, the Assembly held a special session because the president had violated state policy. "So it’s not because of the case Bruneigate and Buloggate again," he explained.
As a result, Gus Dur would fight with the event. Therefore, Mahfud said, although the Assembly has invited the president to attend the special session, but Gus Dur did not come. Then, Gus Dur precisely on the occasion issued a notice that it dissolves the Assembly and Parliament.
Then with the edict issued by the president, the Assembly requested the fatwa to the Supreme Court (MA) that does dissolve the Assembly and the House of Representatives as it does not violate the constitution? "Then be the answer to violate the constitution," said Mahfud mimicked answer MA lost it. "But he argued that it violated the Constitution Assembly," he added.
So that at the hearing the next day, Mahfud continued, originally from the case Bruneigate and Buloggate Police moved into case, shifted back to the dissolution of the Assembly and Parliament. "Invitation Police matter, the decision is another matter. Bulog has been forgotten," he concluded.
The event was also attended by other resource persons, namely Greg Barton as the author of a biography of Gus Dur. Present are also a number of figures Nahdlatul Ulama (NU), Inayah Abdurrahman Wahid as a child, as well as hundreds of Gus Dur sympathizers commonly referred GusDurian also thronged the event (Shohibul Umam / mh)
Monday, January 07, 2013 | 08:02 WIB 141