"Despite a pretrial ruling Budi Gunawan provide solutions for President Joko Widodo, keep in mind the decision raises a bad precedent for the eradication of corruption," said Hendardi in a press statement received by reporters on Monday (02/16/2015).
According to Hendardi there are many opinions about the proposed pretrial ruling Budi Gunawan. Budi Gunawan opposing currents pretrial ruling was flawed because it considers contrary to the Criminal Code, because the determination of the suspect is not the object of pretrial.
However, because there is no mechanism for appeal against the decision of the pretrial, then a formal decision has legally enforceable and formally restore the entire rights of the accused, including the right to be inducted into the National Police Chief.
"Although a formal determination of the suspect was null and void, at the level of political ethics ruling was still a current of opposition, as well as many defects in the pretrial process Budi Gunawan," he said.
Hendardi explain your way out of this mess, there is no other way for Jokowi to induct Budi Gunawan as police chief in advance, with a formal legal arguments Budi Gunawan deserve to be the Chief of Police for the determination of the court ruling has canceled her as a suspect.
"Thus, the whole process of constitutional systematically traversed. This is the mechanism most objective and procedural, because everything is based on the level of law and the constitutional system," he said.
However, if after taking office Hendardi said Jokowi will replace Budi Gunawan as police chief and replace it with a new candidate, it's back to the prerogative of the president. Jokowi have that authority.
"The steps taken as a result of a preliminary ruling is not intended to save Budi Gunawan who claim to experience arbitrary actions of the Commission, but the main fact to save the legal system and the state system of Indonesia," he added.
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