Jumat 20 Feb 2015 06:34 WIB

Busryo urges KPK to seek judicial review

Busyro Muqoddas
Busyro Muqoddas

REPUBLIKA.CO.ID, YOGYAKARTA -- Former Corruption Eradication Commission deputy Busyro Muqoddas has urged the agency to immediately file for a judicial review of the recent court ruling on Commissioner General Budi Gunawan's pretrial motion.

"Morally and legally the application for a judicial review has to be submitted against the ruling of judge Sarpin and I am convinced KPK will soon do it," he said at a discussion, "Jokowi and Future of Corruption Eradication," organized by the Institute for Research and Empowerment here on Thursday.

Busyro noted that judge Sarpin's decision to revoke the suspect status of Commissioner General Budi Gunawan could be categorized as an "unprofessional conduct" as it was outside his authority.

"I have studied and taken part in formulating ethical code for judges, and the Judicial Commission and Supreme Court are committed to it. So, I could see certain indications of unprofessionalism in his ruling," he said.

The clearest indication is in judge Sarpin's interpretation of Article 77 of the Criminal Code, that naming someone suspect is part of a pretrial case, while the fact is that it states that the court is only authorized to rule on the legitimacy of arrest, detention, and termination of a prosecution, he explained.

So, Busyro added, it will not be difficult for the Supreme Court to annul the ruling.

"I believe almost all of the articles in the ruling, especially regarding the authority of a judge in pretrial procedures, will be annulled," he stated.

Commissioner General Budi Gunawan was President Joko Widodo's sole choice for police chief before the President finally decided to cancel his nomination on Thursday.

Gunawan was named suspect in an alleged corruption case by KPK just days before parliament scrutinized his candidacy. Despite KPK's move, parliament approved Gunawan's candidacy.

However, President Joko Widodo postponed Gunawan's inauguration and finally cancelled his nomination.

In an apparent retaliation, the police imposed criminal charges on KPK chief Abraham Samad and his deputy Bambang Widjojanto.

Citing their status as suspects, President Joko Widodo on Wednesday decided to temporarily dismiss Samad and Widjojanto and named three acting commissioners to fill the posts left vacant by them and Busryo Muqoddas.

He has appointed Deputy Police Chief Commissioner General Badrodin Haiti as the new national police chief candidate.

sumber : Antara
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