Nirmala Maulana Achmad, Aryo Putranto Saptohutomo, Jakarta – Indonesian Legal Aid Foundation (YLBHI) Director Muhammad Isnur has questioned why a Presidential Letter (Surpres) on the Draft National Police Law (RUU Polri) has been issued before a problem inventory list (DIM) has been drafted or study of the bill.
"Why is there already a Surpres before there is a study or DIM of the government version and representing considerations from related ministries and institutions?", Isnur asked at an event titled A Public Hearing on the TNI/Polri Bills held by the Coordinating Ministry for Security, Politics and Legal Affairs (Kemenko Polhukam) at the Borobudur Hotel in Central Jakarta on Thursday July 11.
Isnur said he was shocked when he was invited to the public hearing while on the other hand, the Surpres had already been issued.
"I was also surprised, suddenly being invited to this forum, suddenly a Surpres comes first? I asked Pak [Mr] Menko Polhukam (Coordinating Minister for Security, Politics and Legal Affairs Hadi Tjahjanto), can this forum have an impact and be useful?", said Isnur.
Isnur also questioned the National Police Bill deliberation process through the House of Representatives (DPR) Legislation Body (Baleg).
"Aren't the police the domain of the government? Who know more about the problem, how the dynamics are, it's the government", said Isnur.
"Why did it miss the standard procedures that have been good at the level of communication between ministries, institutions? Why in the DPR, is there no public involvement like this? How come it suddenly appeared and was immediately approved (priority)", Isnur reiterated.
Hadi Tjahjanto meanwhile claims to have been given a message by President Joko "Jokowi" Widodo to oversee the draft TNI and Polri laws.
"In accordance with the Bapak [Mr] President's directive who instructed that the discussions on the draft laws be done carefully, [so it] doesn't conflict with the Constitution and the MK's [Constitutional Court] ruling", said Tjahjanto.
Widodo also told Tjahjanto that the TNI and Polri bills must have a strong argument so that they can be accepted by the public and the community.
Hadi emphasised that the government is not just meeting the formal requirements int the formation of the law.
"However, the most important thing is to encourage and ensure the material substance of the RUU TNI and the RUU Polri is able to address the public's needs by optimising the duties and functions of the TNI and Polri", said the Minister.
Therefore, the Kemenko Polhukam has held a public hearing by inviting various public representatives consisting of academics, non-governmental organisations (NGOs) as well as related institutions.
The government, said Tjahjanto, hopes to get various perspectives related to the substance of the TNI and National Police bills, both pro and contra.
"Public involvement has been ensured by the government from he start, namely before the start of the drafting of the DIM as the initial foundation in the deliberations that will be done by internal government officials", said Tjahjanto.
In the latest development, DPR Deputy Speaker Sufmi Dasco Ahmad said that the DPR had received a Presidential Letter on the TNI and Polri bills, although Ahmad did not explain exactly when the government sent the letter to the DPR.
"The Surpres on the bills has been received but the DIM has not yet arrived", Ahmad said at the parliamentary complex in Senayan, Central Jakarta, on Monday July 8.
After the Surpres is received, the DPR can continue the process of deliberating the two bills. In addition to the TNI and Polri bills, the DPR has also received a Surpres on the Immigration Bill and the State Ministries Bill.
[Translated by James Balowski. The original title of the article was " YLBHI Pertanyakan Surpres RUU Polri Terbit Sebelum DIM dan Tak Libatkan Publik Halaman".]
