Former Constitutional Court Judge Values PP Number 28/2022 Worth Testing For Materials, Here's The Reason

Public discussion themed 'Perspective Justice in Legal and Cultural Views'. (Ist)

JAKARTA - Former Constitutional Court (MK) Judge I Dewa Gede Palguna assesses Government Regulation (PP) Number 28 of 2022 concerning Management of State Receivables with formal defects. The PP issued by the State Receivables Affairs Committee deserves material testing to the Supreme Court (MA).

According to him, PP No. 28/2022 is inconsistent with regulations at different levels, therefore it must be tested for material to the Supreme Court by filing a judicial review lawsuit.

"With the emergence of PP No. 28/2022, I am often confused whether legal theories still apply today. From the legal structure, actually our legal apparatus is sufficient," said Palguna in a discussion initiated by the Nusakom Pratama Institute entitled 'Perspective Justice in Legal and Cultural Views' quoted on Saturday, August 19.

"In terms of legal culture, we are very weak because permissive culture as well as legal substances we also know that there is a political compromise that can overcome legal problems. PP No. 28/2022 if it is contrary to the law above it can be brought to the Supreme Court," continued the lecturer at the Faculty of Law Udayana University.

Palguna added that the birth of PP No. 28/2022 if it is considered too late, it will not be a problem. However, if the contents of the PP are contrary to the value of justice, it is appropriate for public prosecution.

For the founder of the Red and White Forum, the state should have a consolidational complaint or verfassungbeschwerde such as in Germany to complain about legal issues such as the emergence of PP No. 28/2022.

In terms of norms, he continued, good laws should start from the beginning of their formation so that the derivative rules can be controlled and do not conflict with other legal regulations.

Meanwhile, the Director of LBH Bali Woman Crisis Center Ni Nengah Budawati who was also present as a speaker highlighted the law from the aspect of legal culture. According to him, good law should consider the socio-cultural aspects of society so that in its application it can be accepted by the community.

"From the cultural aspect, our ancestral culture leaves the teachings and attitudes of doing good, refusing to do wrong and glorifying the harmony of nature and its contents. Our justuhung culture respects good manners and teaches life after death. Living throughout life and living after death must continue to prioritize goodness," he said.

For Budawati, legal products that do not rely on psychological, social, and cultural aspects, will be ineffective in their implementation. The most fatal result of ineffective legal products, she said, is that the public is pessimistic and the law becomes an empty legal product without meaning.

Both Palguna and Budawati unfurled the context of the importance of law enforcement for the implementation of democratic national and state life from legal and cultural practices both in terms of legal structure and legal substance itself.

Both also agreed, as long as the law has not been enforced, the economic progress of a nation becomes meaningless. Likewise, efforts to rule out cultural aspects in the legislative process make the resulting legal products empty.