Sweeping the Political Universe

KUM

J Kristiadi

The urgency of drafting the “UU Sapu Jagat Politik” (Omnibus Law in Politics) – the editorial of Kompas for Friday – is like a race against time, given the fact that at the end of this year there will be elections for 270 regional heads, to ensure that the formats of the regional head elections (Pilkada) and simultaneous elections are based on a clear political paradigm.

Allowing ambiguity in political regulations without a clear direction can cause the tasks of the state for realizing public welfare and serving the public to be almost impossible.

This is because the common purpose of the people does not merely organize the political systems and structures, but also builds civilization. The omnibus law in politics must also be able to design a regulatory framework that can produce citizens with quality and dedication to the interests of the people.

The efforts to realize quality of shared lives rely on the quality of the people who make political decisions. However, no matter how urgent the formulation of the omnibus law in politics is, the direction and reference must be clear: namely the Constitution.

The 1945 Constitution should provide the orientation and the basis for drafting the omnibus law in politics, not only through the articles of the 1945 Constitution, but also through the mystique and original intent of the Constitution’s drafting so that the omnibus law in politics is not trapped by amateurish interpretations or by prioritizing political interests for short-term purposes.

More than that, the law must be an inseparable part of the big agenda of political structuring that is more comprehensive, holistic and in accordance with the ideals of the country\'s founding fathers.

KOMPAS/YUNIADHI AGUNG

A polling station official examines ballot paper during the 2019 general election vote count at the Polling Station 039 in Petamburan, Tanah Abang district, Central Jakarta, Wednesday (17/4/2019).

One important issue that should be considered in drafting the omnibus law in politics is the phenomenon of the desire to strengthen the presidential system. It is important because during the past two decades, the desire to purify the presidential system – copying the presidential system of the United States – has been getting stronger.

Various partial efforts have been made, such as the establishment of the Regional Representative Council (DPD) as a senatorial equivalent, direct presidential elections and simultaneous elections. Meanwhile, RM AB

Kusuma\'s study of various documents and manuscripts of the preparation of the 1945 Constitution found valid information that the people who composed the Constitution agreed to form their "own system".

They did not want to adhere to the US-style presidential system because the system divides the government and at the same time poses the threat of congestion in decision making. They also did not want a parliamentary system (such as the United Kingdom’s Westminister model) for fear of being trapped in a parliamentary dictatorship if the government party dominates the parliament (RM AB Kusuma, Sistem Pemerintahan Pendiri Negara Versus Sistem Presidensial Orde Reformasi [The Government System of the Founding Fathers Versus the Presidential System of the Reformation Order]; University of Indonesia, 2011).

Considering that from the 1940s until the early 1950s, there was only a presidential system such as in the US and a parliamentary system, such as in England, the Constitution’s drafters established their own presidential system. At that time the semi-parliamentary or semi-presidential system was not yet known.

Kompas/Heru Sri Kumoro

House of Representatives (DPR) members attend a plenary meeting at the House in Senayan, Jakarta, Tuesday (17/12/2019).

France implemented a semi-presidential in 1958, Republic V (Yamin, 1959, 339-340, in AB Kusuma). The main difference between "their own system" and the US presidential system is that "Uncle Sam" adheres to the pure separation of powers between the executive, legislative and judicial branches, while Indonesia adheres to a partial separation of powers.

Although in the Constitution the government system is called presidential, in practice after independence the government system has changed alternately: sometimes presidential, parliamentary, or semi-presidential. In fact, at the beginning of the reform era, through a law governing regional autonomy, namely Law No. 22/1999 concerning regional administration, the government was run almost like a federal system.

Therefore, forcing the purification of the presidential system, in addition to being ahistorical, it must also fundamentally overhaul the power structure paradigm. The next issue is the representation system. According a theory, the people’s representation, among others, are known as the people\'s representatives who act only as political party officers (messengers) or figures who are believed to convey the public interest (trustees). The last model, although they are members of political parties they voice the interests of the people (Edmund Burke, 1729-1797). The two models need to be contemplated, among others, because they will have implications for the choice of the legislative election system: proportional, district or mixed.

In addition, the role and function of the DPD, which has been considered unimportant, and the existence of an obscure MPR (the People\'s Consultative Assembly) need to be strengthened so that their existence is not wasteful.

KOMPAS/RIZA FATHONI

Residents take a selfie in front of a decorative gate around polling station TPS 44 in East Kelapa Gading, North Jakarta during the Presidential Election on Wednesday (17/4/2019).

Comparative empirical studies have proved that translating people\'s sovereignty into a democratic system must pay attention to customs, education, geography and other social aspects.

One alternative for consideration is the French semi-presidency. We have two similar factors, namely the format of the country as a unitary state and the diversity of its people. The formulation of the universal political law is very important and vital because it will provide a direction for the implementation of the principle of people\'s sovereignty so that the functions of state institutions, government and politics are structurally and systemically integrated harmoniously and with mutual control. That way, it can produce political decisions that favor the public interest.

However, it must be admitted the process will be very complicated, not only because the system itself is complicated, but also because the political transactions and dynastic politics have been strongly rooted in political practices so far.

Everyone hopes that the “UU Sapu Jagat” will be able to comb and sweep out the dirty waste resulting from dirty practices carried out by connoisseurs of state destruction, which if not stopped immediately could paralyze political life