Legal Literacy - Corruption eradication in Indonesia is often hampered by the slow legislative process in the House of Representatives (DPR). One concrete example is the discussion of the Draft Law on Asset Forfeiture which has not been completed. Corruption that continues to erode state finances and public trust demands quick and decisive action. In this situation, the President has a strong constitutional instrument, namely Government Regulations in Lieu of Laws (Perppu). Instead of waiting for uncertain DPR approval, the President should immediately issue a Perppu on Asset Forfeiture to show a serious commitment to fighting corruption.
According to Article 22 paragraph (1) of the 1945 Constitution, the President has the right to stipulate Perppu in "matters of compelling urgency." Although the 1945 Constitution does not specifically explain 'compelling urgency', the Constitutional Court (MK) in Decision Number 138/PUU-VII/2009 has stipulated at least three objective requirements for the president to issue a Perppu, namely:
- There is an urgent need to resolve legal problems quickly.
- There is a legal vacuum or the existing laws are inadequate.
- The legal vacuum cannot be overcome through ordinary legislative procedures because it takes a long time.
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