| Home > South-East Asia >> Indonesia | |
Experts slam 'devastating' court ruling on criminal investigations involving legislators
Jakarta Globe - September 23, 2015
"This is really devastating," Anggara, a researcher from the Institute for Criminal Justice Reform (ICJR), told the Jakarta Globe on Tuesday night.
"Can you imagine law enforcers having to wait 30 days for written permission from the president so they can start investigating and summoning lawmakers allegedly involved in a crime?" he said.
The court on Tuesday handed down its verdict in a judicial review of Article 245 of the Law on Legislative Bodies, which sparked controversy soon after its approval last year as it required investigators to seek permission from the House of Representatives' Ethics Council before probing a legislator.
Anggara argued that the decision would only hamper the investigative process of a case. "Presidential approval may be needed only when the lawmaker is about to be arrested as not to disrupt his or her responsibilities as a public official," Anggara said.
Refly Harun, a constitutional law expert at the University of Indonesia, said that the ruling could be beneficial if the president supported law enforcement and wouldn't compromise with the criminal allegations the legislator faces. "But, if not, the president's written approval will only be in the way of the investigation," he said.
Refly added that the court ruling could also overlap with the Corruption Eradication Commission (KPK) Law that provides KPK investigators the authority to investigate possible corruption suspects.
"The ruling doesn't highlight investigations against lawmakers who are believed to be involved in extraordinary crime such as corruption, drugs and terrorism. This could create conflict on the field," said Refly, who is a former adviser for the State Secretary.
Refly pointed out that a lawmaker could submit a report against KPK investigators for violating the Law on Legislative Bodies.
"Hopefully, there will be a judicial review on the KPK Law, which should state that the commission is granted the exception to investigate suspicious lawmakers, so that it synchronizes with the Court ruling," he said.
See also:
 |