Tim kuasa hukum Presiden Korea Selatan (Korsel), Yoon Suk Yeol, yang saat ini nonaktif karena dimakzulkan oleh parlemen, menyampaikan argumen kontroversial dalam sidang pemakzulan. Mereka berpendapat Yoon memiliki kekebalan dari penuntutan dan merujuk pada kasus mantan Presiden AS, Donald Trump, sebagai preseden.
Tindak Lanjut Sidang Pemakzulan
Yoon’s fate lies with the South Korean Constitutional Court, which will decide whether the parliamentary impeachment should be upheld. If the Court confirms the parliament’s decision, Yoon will be officially impeached. However, if not, he will resume his presidential duties. The President’s legal team argues that his declaration of a state of national emergency, during which he imposed martial law on December 3, should not be judged as the emergency was lifted within six hours, restoring civil rights.
Argumentasi Hukum
-**Klaim Kekebalan Presiden **: Tim Yoon refers to a recent decision by the US Supreme Court regarding Trump’s immunity for official acts during his presidency as a precedent. They argue that just like Trump, Yoon should be immune from prosecution for actions taken within his constitutional authority.
-**Penolakan Terhadap Penangkapan **: Earlier this week, a local court issued an arrest warrant for Yoon over allegations of inciting rebellion and abusing presidential power. However, authorities failed to arrest him at his residence, leading to a standoff with Yoon’s security team using human barricades and vehicles to block the armed police personnel. This unprecedented situation has not been seen before in South Korean politics.
Proses Hukum Selanjutnya
The Constitutional Court of South Korea is set to hear oral arguments for Yoon’s impeachment on January 14, once the preparations are complete. Yoon was impeached by the National Assembly on December 14. The Court has up to 180 days to determine whether to remove him from office or reinstate his powers. Yoon is currently under investigation for his actions related to the martial law declaration and has refused to comply with police summons three times.