"Former Chairman of the Constitutional Court judge Jimly Asshiddiqie need for revision of Law No. 10 of 2004 to regulate the issuance and revocation Perppu. In order Perppu not misused by the President."
Published By: Hukumonline, 24 Desember 2009.
A number of recent problems started with the emergence of this Government Regulation in Lieu of Law (Perppu). Perppu No. 4 of 2008 on the Financial System Safety Net (JPSK) for example, the birth of this regulation to be one at issue in the case of Century Bank. Another problem caused by the birth of a Perppu is when disabling the two leaders Corruption Eradication Commission (KPK) Chandra M. Hamzah and Bibit Samad Riyanto. Perppu was opposed by a number of the community.
Seeing this condition, the presence Perppu as one instrument that has the president, was assessed to be reviewed. These comments were made by observers of the Constitutional Law Center for Electoral Reform (CETRO), Refly Harun. He argues that there Perppu current tends to produce an act of dictatorship. "It's actually Perppu authority in quotes, dictatorial rule. He made arrange-level citizen Act but without consultation, "he explained.
According to him, the birth of a Perppu should be regulated more clearly, more than they are today. Perppu, according Refly, if necessary to adjust the existing state structure could no longer manage. "It is necessary when the state of emergency. Crunch should be objective, "he said.
Refly argues, a Perppu not born when the president just felt there was a critical and emergency situation. Emergencies also can not be classified easily, especially when Perppu was issued when the House of Representatives (DPR) is still on duty or not in recess. "This is a matter Perppu Act regulated, without any consultation of the people, without the consent of the governed. When Parliament is in session, it should not be Perppu issued, the House itself, which must approve changes in law, "he said.
About the technical problems that are too long if the regulation is critical and emergency should be brought to the House of Representatives, according to Refly, not an acceptable excuse. "Old or not, that's the mechanism that created the problem. If such mechanisms are made quickly, theoretically could have created Act quickly. The most important first agreement between the factions, in consultation with the government, not legal, "he explained.
Members of the House of Representatives Commission III, Nasir Jamil has a different idea of 'weapons' this president. He argues, this weapon is required by the president to deal with the urgent situation. "In the context of presidential, the president was right to deal with difficult situations. Situation critical, emergency, and it is very necessary, "said Nasir.
But Nasir Perppu very sorry for the misuse of a particular purpose. "But often generalized. And it makes economic interests, interest groups, "he said. Nasir further explain, if Perppu to be abolished, is not an easy thing. "If there is no context change or amendment of the 1945 Constitution is difficult indeed to kill it," he said.
According to him, the most important thing today is to promote the function of a more optimal control of the legislative institution. House who has the oversight function of government must dare to rebuke the president for using his rights. "Why do I think there should be a stark warning to the president of the Parliament as part of the power in Indonesia is to remind the president," he explained.
Generally, Nasir argues the use of this Peppu overlooked for good purposes is widespread, especially in anticipation of a difficult, precarious, and emergencies. But he warned that guns are not wrong president to use. "Used to particular interests," he said.
Law Revision
Former Chairman of the Constitutional Court (MK) Jimly Asshiddiqie rate Perppu settings in Law Number 10 Year 2004 on Procedures Laws and Regulations Order Act, still contains weaknesses. Namely the issuance and revocation of related Perppu. He said the Act did not provide the crunch that forced interpretation. In fact, crunch that forced a condition given by the 1945 Constitution. "It must be regulated in the Act," he said in Jakarta, Wednesday (23/12).
Jimly suggested other terms related to the proposed Perppu. "Perppu not hit Law and Human Rights," he said. He said Perppu be issued only to run a state that has not been clearly stipulated in the Law. According Jimly, there are two types that can be published Perppu. Namely, Perppu in ordinary circumstances and Perppu in emergencies.
Perppu in ordinary circumstances, Jimly added, referring to the crunch forcing terms in Article 22 of the 1945 Constitution. Meanwhile, in an emergency Perppu refers to Article 12 of the 1945 Constitution. "If there must be an emergency Perppu emergency declaration from the president," he explained.
In addition, the removal procedure must also be revised Perppu. Currently, Article 25 paragraph (4) Act No. 10 of 2004 mentions when Perppu Parliament rejected the president should revoke it by submitting Perppu Bill on removal Perppu. According Jimly, this provision is not appropriate. "There's no time limit pencabutannya. What if the president does not also remove Perppu it, it still remains valid. It's a mess, "he said.
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