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People's Representatives are Not Law Factory

Participation is not a ghost. There is no need to be afraid of a participatory legislative process if the legislators understand democracy and do not have bad intentions to make legislation that only benefits their group

Bivitri Susanti
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Bivitri Susanti

Bivitri Susanti

The most recent case is the Draft Criminal Code (RKUHP). Totaling 632 articles, the Criminal Code is like the mother of all Indonesian criminal arrangements. In it, what is regulated starts from principles regarding punishment, including types of criminal sanctions, to articles on criminal acts that we know today, such as fraud, corruption and sexual violence. The Criminal Code is so important. However, it’s importance turned out not to be directly proportional to the discussion process, which lacked participation.

The writings of Kompas journalist Susana Rita Kumalasanti regarding flash legislation (Kompas, 5/7/2022) are true, but unfortunately they are not the only form of reckless practice in our legislative process. The problem is not only the number of days, but also the extent to which the participatory law-discussion process is carried out. We have to protest that the discussion of the Law on the National Capital of Nusantara (IKN) was completed in a matter of days, considering this is a matter of relocating the nation's capital, and there are developmental impacts for both the people who are already there and the environment.