The House of Representatives has used its authority to introduce a law that increases its authority and provides itself immunity.
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·3 minutes read
Kompas/Wisnu Widiantoro
House of Representatives leaders sing Indonesia Raya national anthem before the start of the plenary meeting in Senayan, Jakarta on Tuesday (9/1). In his speech, acting House Speaker Fadli Zon said the House would deliberate 21 priority bills.
The House of Representatives has used its authority to introduce a law that increases its authority and provides itself immunity.
This is an absurd move. There is a legal principle that no one can serve as their own judge. It will certainly involve a conflict of interest. However, this principle apparently does not apply to the House, as it has just introduced a law to increase its own authority.
The deliberations to revise the Legislative Institutions Law almost escaped public attention. Discussions over the matter only revolved around the creation of additional leadership seats in both the House and the People’s Consultative Assembly (MPR). The move to reserve House and MPR leadership seats for political parties that win elections is reasonable to correct a previous move at the House. The revisions were passed in a House plenary session on Monday, Feb. 12, 2018. Two factions, the United Development Party and Nasdem Party, walked out of the session.
Behind the public discourse on the matter, the House appeared to surreptitiously include a number of other articles that protect lawmakers from public criticism and the law. This move can be deemed an arbitrary action by House member that flies in the face of the people that they should be representing. This is the beginning of the death of democracy in Indonesia.
The House also added three new authorities. First, the authority to forcibly summon anyone with the possibility of taking them hostage for 30 days. Second, the House Ethics Council (MKD) may take legal or any other action against anyone that undermines the dignity of the House and its lawmakers. Third, any investigation into lawmakers alleged of being involved in a crime requires the written approval of the President upon consideration by the MKD. They can certainly get away with these three new authorities with the approval of the Joko Widodo administration, as represented through Law and Human Rights Minister Yasonna Laoly in this case.
The articles in the Legislative Institutions Law are problematic as regards several aspects. First, the House’s move to use its own discretion to protect itself and expand its authority is unethical. The House must know that its poor public perception stems from the number of cases that have led to the arrest of lawmakers. In the most recent one, former House speaker Setya Novanto was arrested for corruption. A Kompas survey on July 31, 2017, showed that 71.3 percent of respondents said the House had a poor image!
Second, the term “taking hostage” is unclear. Is it identical to making an arrest or gijzeling in taxation cases? If so, who will serve to judge such cases? Third, the term “undermining the House’s dignity” is a catchall article that is open to multiple interpretations. What is the difference between undermining dignity and insulting or criticizing? Can public protests or criticisms over the people’s disappointment with lawmakers’ performance be construed as an attempt to undermine the House’s dignity? It is highly nonsensical that lawmakers, who bear the title of “Honorable”, can send the very people who have elected them to jail.
We are afraid that what has happened is political rot.
