Uneasy Situation About Law on Legislative Institutions

President Joko Widodo is faced with an uneasy situation following the passing of the Law on Legislative Institutions by the House of Representatives.

ANTARA FOTO/Muhammad Adimaja

Legislators attend a plenary meeting at the House of Representatives building in Jakarta on Wednesday. The House delayed the inauguration of a deputy speaker from the Indonesian Democratic Party of Struggle (PDIP) because the new law on legislative bodies had not come into effect.

In a political year, President Joko "Jokowi" Widodo is faced with an uneasy situation following the passing of the Law on Legislative Institutions (UU MD3) by the House of Representatives (DPR).

The Law on Legislative Institutions contains a number of problems. The basic spirit of the amendment of the law is to strengthen and increase the authority of the House of Representatives, strengthening the position of members of the House of Representatives by granting the right of immunity. However, on the other hand, there are articles that "threaten" the people not to criticize the DPR because it can be considered degrading the dignity of the legislative institution.

The amendment of the MD3 Law makes the DPR a super institution. In Article 73, for example, the House of Representatives is authorized to forcibly summon people. The police can hold them hostage for 30 days!

It is mentioned in Article 74 that the DPR\'s  recommendation in every level of a meeting is binding and must be followed up by the government. If not followed up, the DPR may use other DPR rights, such as the right of inquiry, interpellation, up to the right to express an opinion. The House has the right to ask the President to impose sanctions on officials who do not implement the recommendations of the DPR. Summonsing a DPR member implicated in a legal case, despite the existence of exceptions, must pass through the ethics council (MKD) and receive written consent from the President. Meanwhile, MKD may act on behalf of the DPR, take legal action or other actions against anyone who degrades the dignity of the DPR or its members.

The DPR members successfully make their own institution super. An institution without supervision. In reality, sociological reality shows its legislative achievement is low, there are DPR members who are involved in legal cases, plenary sessions are frequently empty. According to a number of surveys, public perception of the DPR is not good.

ANTARA FOTO/Mohamad Hamzah

Protesters from the Indonesian Democracy and Action Study Circle climb the fence of the Central Sulawesi Legislative Council in Palu on Wednesday (14/2). They demanded the revocation of the law on legislative bodies, which they claim to be antidemocratic.

Several articles in the MD3 Law are problematic. Here is the complexity of the problem. President Joko Widodo, as reported by Law and Human Rights Minister Yasonna Laoly, likely will not sign the law. The move could make relations with the House unfavorable. Constitutionally, even if the President does not sign it, the law will apply. If the President does not sign it, morally the President shows his attitude that he does not agree with several articles in the law. The problem is, what are communications like between the President and the Law and Human Rights Minister, who represents the government? Is the minister going his own way?

On the contrary, if the President signs the law, the President may be seen as in favor of a law that is being protested by the public. However, in fact whether it is signed or not, the President can immediately file a revision of the law or issue a government regulation in lieu of law.

However, it must be preceded by political communication with leaders of the parties and the House to achieve a common view. The President\'s suggestion that people submit a judicial review to the Constitutional Court is just a way to throw problems into other institutions. The Constitution Court could be a solution, but unfortunately, there are seeds of distrust from the elements of society on the Court.