Former KPK chief Busyro Muqoddas and three legal agencies grouped in a "Coalition Safe KPK from Parliament Inquiry Right" has filed a request with the Constitutional Court (MK) for judicial review of the MD3 Law related to the House inquiry right against KPK.
The three legal agencies filing the request included the Indonesia Corruption Watch (ICW), the Confederation of the Indonesian Labor Unions (KPBI), and the Legal Aid Foundation (YLBHI).
"We registered with the MK a request for judicial review of the chapter 79 article (3) and chapter 199 article (3) of the MD3 Law concerning the House authority in using its inquiry right against KPK," YLBHI spokesman Muhammad Isnur said here on Thursday.
The appellants asked the MK to give constitutional interpretation that the House could not use inquiry right against KPK as according to a decision of the MK in 2006, KPK is included in the group of judiciary institution against which the House inquiry right is not valid.
"Based on the interpretation KPK is an independent body that could not be controlled by any agency," Muhammad said.
The appellants also asked the MK to give elaboration and interpretation of the phrase of "strategy with wide impact".
"We are of the opinion that the inquiry right is part of political move or an attack on KPK, as it happens that KPK is investigating the electronic-ID card graft case and other corruption cases. The inquiry right, therefore, has been used not for the interest of the nation," Muhammad said.
The appellants are of the opinion that the the chapters of the MD3 Law have hampered the process of the fight against corruption waged by KPK, because of abuse of power by the House in the presidential system of government.
They said fair enforcement of legal certainty and protection should take into account the principle of beneficial effect.
The inquiry right move of the House came following KPK rejecting request of the House Commission II to release the recorded legal investigations of former lawmaker Miryam S Haryani.
Miryam allegedly had received bribe money to be distributed among the lawmakers.
A senior investigator of KPK Novel Baswedan told the court in a session that Miryam had said that she was intimidated by a number of lawmakers to hide fact about distribution of bribe money among the Commission II members.
The lawmakers are among members of the Inquiry Right Special Committee formed later to inquire the performance of KPK. KPK, however, refused to bow to the House saying it still questioned the legal status of the special committee as it was formed without hearing the opinions of all House factions.
The conflict between KPK and the House sharpened after KPK also rejected request to allow Miryam to attend a meeting of the Inquiry Right Special Committee.(*)
Editor: Heru Purwanto
Copyright © ANTARA 2017
