Seeing The Tendency Of The Government To Make Arbitrary Rules

JAKARTA - Recently, the public has often been asked to question the policies of the policy plans that are currently being discussed by the government. Not infrequently they make policies without involving the community in it.

It is not just an assumption, because it has been proven several times that the government has neglected to listen to public input regarding the draft law. First, is the matter of revising the KPK Law which is now regulated in the KPK Law 19/2019. The revision which is considered to weaken the movement of this anti-graft institution is still legalized even though it is often rejected by the public.

The rejection of the revision of the KPK Law and the revision of the Criminal Code (RKUHP) and other controversial bills is actually quite massive. This is because students from various universities in various parts of Indonesia took to the streets to take action. As a result, the RKUHP was failed to be carried out, but the KPK Bill at that time was passed.

Things that are not much different are also carried out by the 2019-2024 government. They seemed to be deliberately provoking the public to react. This is because only three months have passed, a number of regulations that do not meet the people's needs have emerged.

The law in question is the Work Creation Omnibus Law Bill which is said to be detrimental to workers and had a typo when the draft or draft was submitted to the Indonesian Parliament. In addition to the Work Creation Omnibus Law Bill, there is also the Family Resilience Bill which is considered a form of state intervening in a person's private sphere.

The proposers for this bill are five members of the council, namely Sodik Mudhajid from the Gerindra Party faction, Netty Prasetiyani and Ledia Hanifa from the PKS faction, Endang Maria Astuti from the Golkar Party faction, and Ali Taher from the PAN faction.

Responding to the impression that the government was arbitrary in making legislation, Executive Director of the Indonesia Political Review, Ujang Komarudin said there was an appropriate theory to describe this condition, namely the theory of Lord Acton (1834-1902) who wrote: Power tends to corrupt and absolute power corrupts absolutely .

"Power tends to be abused. But absolute power is corrupt absolutely. Absolute power means the abuse of power will be great," said Ujang when contacted by VOI, Friday, February 28.

He assessed that the government, which always wants its own, if you reflect on the existing theory, it is not impossible to become a corrupt government in the future. "The government at will will tend to be corrupt," he said.

So that this corrupt government does not happen, LIPI researcher Aisah Putri Budiarti (Puput), there are a number of steps that must be taken. First, as the mandate holder, President Joko Widodo should ensure that his government does not make arbitrary rules and only benefits certain parties.

"If this is done, some controversy will not occur, for example the assessment that the Job Creation Omnibus Law Bill only benefits entrepreneurs or investors," said Puput when contacted via text message.

In addition, as head of state, Jokowi should have ensured all the rules that would be made through the research process first. The Minister of Law and Human Rights (Menkumham), according to Puput, should make a draft or design that actually goes through a process of research and discussion with the public or the public.

The goal is that the draft laws submitted to the DPR RI are properly mature and without problems in substance and in accordance with the wishes of the people. "This certainly applies not only to the government but also to the DPR parliament, because the DPR has the right to propose a law such as the Family Resilience Bill," said the researcher.

Seriousness, said Puput, is one of the important things for the government to show it to the public. This includes when entering the bill into the priority national legislation program (prolegnas).

Do not let things like the Family Resilience Bill which was horrendous but later the faction that proposed it then withdrew. Because when a bill is included in the priority prolegnas, it must be clearly known through research related to its urgency and substance.

Not only talking about research, Puput also touched on the importance of academic papers related to the draft law. He said the government could no longer underestimate the manuscript.

"The government and parliament can no longer underestimate the process of drafting an academic paper which becomes the forerunner of a bill. Especially in the midst of open information and current conditions where the public is increasingly informed," he concluded.