Metrotvnews.com, Jakarta: House of Representatives and the government urged to change the substance of Article 74 of Local Government bill which is related to the investigation action toward regional head and deputy regional head that violate the law as an act of corruption.
This article was impeded law enforcement because it requires the approval of the president to conduct investigations or arrests suspects. Moreover, again as stated previously listed in the Act (Act) No.32 of 2004 on Regional Government.
Executive Director of PATTIRO (Pusat Telaah dan Informasi Regional – Center for Regional Studies and Information) Sad Dian Utomo said the government against the decision of the Constitutional Court (MK) if the government let the bill was put on the substance of the Regional assessed protect law enforcement officers to crack down on suspected regional chief of corruption, money laundering, and or abuse authority.
“Constitutional Court No. 73/PUU-IX/2011 determined that the written approval of the president at this stage of the regional head investigation does not have sufficient legal rationality. Thus states Article 36 paragraph 1 of Law no. 32 of 2004 unconstitutional, so they no longer have legally binding force, “said Dian in a press statement received Metrotvnews.com recently.
Dian also assume that the President permission is considered as not sufficient legal rationality, and will treat citizens differently under the law. He concerned if officials allegedly involved in the case (corruption etc) they will try in various ways in order to the investigation permission request do not come out from President. Neither they neither block the investigators nor at other processes level.
“With the decision of the Constitutional Court, the government should abide by and implement them. Because if not it means the government is violating the constitution, “said Dian. (metrotvnews.com. Wednesday, May 22, 2013, http://www.metrotvnews.com/metronews/read/2013/05/22/1/155876/RUU-Pemda-Jangan-Hambat-Penegak-Hukum-Tindak-Kepala-Daerah-Korup)