PDIP Legislator Says DPR's Orders Can Evaluate Officials Can Be Sued To The Constitutional Court

Member of the PDIP faction, Adian Napitupulu, said that the revision of the DPR Regulation on Order (Tatib) which could evaluate officials through a fit and proper test could be sued to judicial institutions such as the Supreme Court, the Constitutional Court or the Administrative Court. If there are parties who do not agree with the revision of the DPR's Tatib which was ratified by the DPR plenary session.

"Yes, it can be brought to the Constitutional Court if you don't agree. It's easy to have a mechanism. If you don't agree, there is a mechanism that doesn't agree," said Adian at the Parliament Complex, Senayan, Jakarta, Thursday, February 6.

"We now have a mechanism, when we are against the law, JR, when we are against the constitution, we take it to the Constitutional Court. And we want all people to be able to follow that mechanism. So that the disapproval is channeled through a constitutional mechanism," he continued.

Instead of intervening, according to Adian, the DPR can evaluate officials because the fit and proper test is carried out by the DPR. So that those who can evaluate the relevant officials are those who carry out the fit test.

"The logic is that if the DPR is involved in making decisions, then he should be able to evaluate his decision," he said.

If the public is worried that the DPR will find it easier to remove officials who do not comply with the wishes of the Parliament, Adian reminded that the public can file a lawsuit to Ma, MK or PTUN.

"If then there are concerns like that, all citizens will test the DPR's decision. Where? MA, MK, can the Administrative Court do all kinds of things, yes, all kinds of things. Go ahead and we can't ban it," he said.

"(Tatib) Tiing it doesn't mean it can't be sued anyway. You can," said Adian.

Previously, the Plenary Meeting ratified the Revision of the DPR Regulation on Order (Tatib) on Tuesday, February 4.

Deputy Speaker of the House of Representatives, Sufmi Dasco Ahmad, explained that the changes in the revision of the regulation were to strengthen the supervisory function of the DPR in evaluating the performance of institutions or candidates who had been fit and proper tested by the DPR.

"We reiterate that under certain circumstances, the results of the fit and proper carried out by the DPR can then be evaluated regularly for the public interest, that's precisely the case," said Dasco at the Parliament Complex, Senayan, Jakarta, Tuesday, February 4.

Dasco then gave an example, the DPR can evaluate institutional officials who are the results of the DPR's fit and proper test if their condition is no longer in prime by holding a fit and proper test to choose a candidate to replace the person.

"For example, there is one institution that retires, for example it is up to 70 years old, and he has served there for 25 years, and now his condition is, for example, sickly. Well, this is then we have to do fit and proper, whether the person concerned can still carry out his duties properly," explained Dasco.

"Otherwise, we have to then carry out a mechanism so that the person concerned can be replaced by someone more worthy in carrying out state duties," he continued.