REPUBLIKA.CO.ID, JAKARTA -- Constitutional law expert Refly Harun said it is impossible to impeach President Joko Widodo (Jokowi) if he refused to install Comr.Gen. Budi Gunawan as new police chief.
"When it comes to the Constitutional Court, there is no rationale to impeach him," Refly he said in a discussion on "Dilemma of Jokowi," here on Saturday.
Budi Gunawan was the sole candidate proposed by the president to the House of Representatives to replace police chief. Gen Sutarman.
The proposal was almost unanimously approved by all factions at the Parliament.
However, before the Parliament gave its approval, the Corruption Eradication Commission (KPK) named Budi Gunawan a corruption suspect triggering conflict between police and the KPK.
Confronted with the tense situation Jokowi, then decided to postpone the installation. He is in a big dilemma with the Parliament and the ruling party heaped pressure on him urging him to go ahead to install the three star general.
On the contrary the majority of the public led by anti corruption groups are strongly against installation of Budi Gunawan.
There are already talks about impeaching the president if he failed to install Budi Gunawan.
Refly , however, said there is no way of impeaching the president.
"It is impossible to impeach the president if he did not install Budi Gunawan. A president could be impeached if the president commits treason, corruption, bribery gross crime and disgraceful deed," he said.
"Some law experts said that failure to install (Budi Gunawan) is a disgraceful deed. I would like to ask where lies the disgrace. Which is more disgraceful installing a corruption suspect than not installing a suspect. For me it is a disgrace to install a suspect," he added.
He said what the law means by disgrace committed by a president is if the president was found committing adultery , gambling, being drunk and such shameful behaviors.
The president broke no law if he could give reasons for not installing Budi Gunawan , he said, adding it is a prerogative right of the president to install or not to install a candidate.
It is not against the constitution not to install a candidate for public official approved by the Parliament, he said, adding, what is against the constitution is if the president installed an official not approved by the Parliament.
He said the president is facing three aspects in dealing with the problem over Budi Gunawan -- political, legal and social aspects.
The biggest hurdle is the political aspect as both the Parliament and the parties that support his presidential bid pushed for the installation of Budi Gunawan, he said.
Meanwhile in legal aspect, the president has no problem with the Constitution by not installing Budi Gunawan, and in social aspect, the president will have full support from the public if he did not install a corruption suspect, he said.
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