To Eradicate Corruption, Government bill does not have the binding power of law

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Public were struck by many corruption cases and power abuses involving regional head (Kepala Daerah) . February 2013, the Minister of Home Affairs Gamawan Fauzi launched alarming data says in the last nine years, 2004 – 2012, there were 290 regional head (Kepala daerah) entangled in corruption cases in the period of the implementation of Law No. 32, 2004 on Regional Government.

It means in every year there are 32 regional heads who have problems with the law, 86.2% had been convicted. 290 head of the area consists of 20 governors, deputy governors (7 people), Regent /Bupati (156  person), vice regent (46 people) ,Mayor ( 41), the deputy mayor (20 person).

Though Regional regulation is quite strong in the presence of shielding regional head (kepala daerah)  to reduce or avoid the area of investigations conducted by the actions of law enforcement officers. It is apparent from the licensing procedures that must be undertaken by law enforcement. This procedure is actually difficult for law enforcement authorities.

Herefore, Sad Dian Utomo Executive Director of PATTIRO (Center for Regional Studies and Information) said  at least there are two stages to go through law enforcement in handling law problems involving regional head (Kepala daerah) . “The first stage, law enforcement officers must obtain written approval from the President when will conduct the investigation against the regional Head (Kepala daerah)  (see Article 36 paragraph (1) of Law No. 32 of 2004),” he said

Furthermore, he said, “The second phase, law enforcement officers must obtain written approval from the President will make an arrest when the suspect regional head (kepala daerah) (see Article 36 paragraph (3) of Law No. 32 of 2004), Sad Dian said, in a statement, in Jakarta, Monday (20/5).

He said again, seemingly with the layered fort, regional head (Kepala daerah) become comfortable and feel safe to perform actions that violate the law. Such as corruption, power abuse and / or money laundering. The layered fortress makes the deterrent element of law enforcement to be reduced. And even not taken into account at all.

Comfort / security of Regional Head (Kepala daerah) will be maintained by the Government. Presumably, this has been the policy of the Government. Article 36 of Law No. 32 of 2004 is retained in the draft Local Government Act (Local Government Bill) were discussed with the House of Representatives today.

Article 75 Local Government Bill have the exact same substance by Article 36 of Law No. 32 of 2004, with little change. Changes occur in the removal of the word “investigation” and added two verses about: (i). Law enforcement agencies are eligible to apply for approval in writing to the President, and (ii). Authority to give consideration by the Minister to the President.

Re-inclusion of the restrictions material on  investigation toward regional head (Kepala daerah) into the bill shows that the Government intends to act against the Constitution. Intention and attitude of the Government towards the 1945 resistance is shown from the neglect of the Government on the decision of the Constitutional Court.

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