Just a Revision

KOMPAS/RADITYA HELABUMI (RAD)

Most of the seats for council members were seen empty during the 4th Plenary Session of the DPR during the first trial of the 2019-2020 session at the Parliament Complex, Senayan, Jakarta, Tuesday (27/8/2019).

The ratification of the revision of the Formation of Laws and Legislation (PPP) Law awaits the schedule of a plenary meeting. The revision is complete.

It is difficult to dismiss the suspicion that the revision of the PPP Law is only designed to ease in the Job Creation Law. Previously, the Job Creation Law was blocked in the Constitutional Court.

In fact, the discussion of the revision of the PPP Law is a great opportunity to thoroughly review the law-making process in this Republic. We need a mechanism for the formation of better laws and regulations so that in the future they can be responsive in aligning themselves with the changing times.

Unfortunately, it seems that this has not been comprehensively regulated for in the revision of the PPP Law.

Ideally, legislation can be drafted in such a way that it does not appear to only serve the interests of the authorities, but instead serves the needs and expectations of the people. Its discussion should be open and ideally channeled digitally. Unfortunately, it seems that this has not been comprehensively regulated for in the revision of the PPP Law.

Laws also carry out an expressive function, namely expressing a view of life, cultural values and justice. Could this function be achieved if the PPP Law does not provide enough concrete space for every citizen or citizen representative to express what justice means for them.

Differences of opinion in the revision of the PPP Law -- precisely among the government itself -- have raised issues related to unfinished business. There is an impression that there is a tug-of-war, or it could even be said, a struggle for authority.

KOMPAS/RADITYA HELABUMI (RAD)

DPR Chairman Bambang Soesatyo (center) along with DPR Deputy Speaker Utut Adianto and DPR Deputy Chair Fahri Hamzah (left to right) after closing the 4th Plenary Session of the DPR during the first session of the 2019-2020 session at the Parliament Complex, Senayan, Jakarta, Tuesday ( 27/8/2019).

We are really concerned that these essential differences of opinion will be resolved through lobbying. Matters related to who is authorized to legislate laws and regulations must actually be preceded by a study that is balanced with in-depth considerations.

The law is a serious thing. The law is not a joke. United States justice Oliver W Homes Jr said, “the law is the calling for thinkers.” The formation of laws, including legislation, is thus a call for thinkers.

However, it would be better if there were thinkers or think tanks to prepare and oversee the drafting of legislation.

We understand that the mandate to make laws is in the hands of the House of Representatives (DPR) with the approval of the President. The mandate for the formation of regional regulations is in the hands of the Regional Legislative Councils (DPRD) with the approval of the regional governments and so on. However, it would be better if there were thinkers or think tanks to prepare and oversee the drafting of legislation.

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The question is, who are the thinkers? Will a special institution be prepared or not? Will the process be left simply to run the way it is?

Once again, we stress that the revision of the PPP Law is actually a precious moment. Reducing this opportunity only to partially answer the problems that arise makes it merely an arena for "revision" of the PPP Law. Well what a pity, the PPP Law should be a masterpiece to support legal development in Indonesia.

(This article was translated by Hyginus Hardoyo)