The Indonesian Anti-Corruption Society (MAKI) considers that there is nothing wrong with the moment of intimacy shown by KPK Chairman Firli Bahuri when accompanying investigators to examine Papua Governor Lukas Enembe, but the action has the potential to violate the provisions of the KPK Law.
"The new and old KPK Law Article 36 states that KPK leaders are prohibited from meeting people who are being investigated by the KPK and even that is a five-year sentence," said MAKI Coordinator Boyamin Saiman when confirmed in Jakarta, Thursday (3/11/2022). ).
According to Boyamin, Article 36 is not very applicable but could become a debate because Firli as the head of the KPK is not allowed to meet investigators, either witnesses or suspects because there has never been a history of KPK leaders meeting people being questioned in the anti-corruption offices.
The KPK leadership, he said, only monitors from a laptop and the internet.
“This means that it can be suspected of violating Article 36 that the KPK leadership is prohibited from meeting the examinee, both witnesses and suspects. Moreover, (Lukas Enembe) is a suspect," he said.
Seeing the incident, Boyamin thought that Firli Bahuri understood the provisions of the articles in the old KPK Law which stated that the KPK leaders were investigators and prosecutors. Meanwhile, in the KPK Revision Law Number 19 of 2019 (Law Number 30 of 2002) that provision was removed.
“This is Pak Firli, whose capacity is not as an investigator anymore, even though he is a policeman, but by law he is not a prosecutor and an investigator anymore. So there is no urgency to actually meet Lukas Enembe," he said.
Boyamin interprets Firli Bahuri's meeting with Lukas Enembe in order to assist investigators and the health team to carry out an examination as good news that the Chairman of the KPK will restore the old KPK Law by managing and fighting for the cancellation of the revision of the KPK Law.
"I am very happy with the news that Pak Firli met with Luke Enembe today because this means that Pak Firli agrees to return to the old KPK Law, which means that he agrees that the KPK Law Number 19 of 2019 is cancelled," he said.
According to Boyamin, the reason is that the old KPK Law states that the KPK leaders are investigators and prosecutors.
"This means that Mr. Firli may come to Luke Enembe's place with investigators in the context of being an investigator, which means that he must return to the old law," said Boyamin.
For this reason, Boyamin will ask Firli Bahuri to fight for the cancellation of the revision of the KPK Law to ratify his meeting with Lukas Enembe as a team from the investigative group.
SOURCE : https://www.beritasatu.com/news/996349/temui-lukas-enembe-ketua-kpk-berpotensi-langgar-aturan
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