M. Raihan Muzzaki, Devy Ernis, Jakarta – Indonesian Legal Aid Foundation (YLBHI) Chairperson Muhammad Isnur believes that the planned revisions to House of Representatives Regulation Number 1/2020 on Rules and Procedures or Tatib DPR will damage the democratic order in Indonesia.
In normative judicial terms, according to Isnur, the revisions are contrary to the 1945 Constitution and Law Number 17/2014 on the People's Consultative Assembly (MPR), the DPR, the Regional Representatives Council (DPD) and Regional Houses of Representatives (DPRD).
"It is reasonable to suspect it as an effort to disrupt the checks and balances or the balance of power between state institutions within the framework of the democratic rule of law", Isnur said in a written statement on Friday February 7
He said changes to the DPR's rules and procedures would have an impact on officials in various state institutions. Isnur mentioned institutions like the judiciary and law enforcement agencies, namely the Constitutional Court (MK), the Supreme Court (MA) and the Corruption Eradication Commission (KPK).
"Also democratic institutions such as members of the General Election Commission (KPU) and the Election Supervisory Board (Bawaslu)", he said.
Isnur stated that the YLBHI has given a bad note on revisions to the DPR's rules and procedures. First, because the YLBHI considers that the changes to the provisions in the law go beyond the DPR's supervisory authority.
The YLBHI also considers that the DPR does not have the authority to evaluate and dismiss leaders of these institution or state officials who have been elected through DPR plenary meetings.
This is based on Article 185 in conjunction with Article 190 of Law Number 17/2014 on the MPR, DPR, DPD and DPRD (MD3 Law) on the Submission and Granting Approval or Consideration of Candidates for Filling Positions.
"Increasing the authority through the rules and procedures is an act that exceeds the authority [of the DPR]. More fundamental is the ratification of the Tatib DPR which is being revised represents an act that goes against law by the authorities or rechtmatige over heids daad [rightful government] because it is certainly conflicts with the MD3 Law," said Isnur.
Second, the YLBHI believes that the revision to the DPR's rules and procedures will destroy the foundations of the state administration system. Isnur said that the revision to the law will mix together the executive and judicial branches of government.
"Indonesia adheres to the principle of democracy that separates the legislative, executive and judicial branches of power. The three do not interfere with each other but supervise each in order to create checks and balances or a balance based on law", he said.
According to Isnur, the revision to the DPR's authority could threaten the collapse of the judiciary. He said that by collapse he means the intervention of the DPR by replacing the Constitutional Court and Supreme Court judges in carrying out the DPR's supervisory functions.
"Moreover, the judicial authority carried out by the Supreme Court and the Constitutional Court represent institutions whose independence and liberty is guaranteed", said Isnur.
[Translated by James Balowski. The original title of the article was "YLBHI Sebut Revisi Tatib DPR Jadi Ancaman Independensi Lembaga Negara".]
