JAKARTA Puan Maharani's head rat meme emerged from the dome of the divided DPR RI building, said BEM UI Chair Melki Sedek Huang, an expression of UI students' anger towards Council Members. The DPR RI building, which should be a place for the people to channel their aspirations, has now become a rat's nest.
Melki considered it inappropriate for them to ratify the Job Creation Perppu into law at the plenary meeting on March 21. The Constitutional Court clearly stated that this rule was conditionally unconstitutional.
Not only formally flawed, the Job Creation Law is also problematic from the material aspect. There are a number of articles that threaten and rob workers of their rights, such as Article 81 number 29 of the Job Creation Law which removes the obligation of employers to pay workers wages according to applicable laws and regulations.
Then Article 81 number 42 of the Job Creation Law which makes it easier for companies to terminate employment (PHK), unilaterally so that it further eradicates the position of workers.
In addition, there are also other articles that have the potential to endanger the environment, such as Article 36 number 2 of the Job Creation Law which changes and removes the rule of forest areas that must be maintained from an area. Article 37 number 20 of the Job Creation Law which perpetuates entrepreneurs who are active in forest areas without any criminal sanctions being imposed.
Also, Article 22 number 4 of the Job Creation Law related to the provisions of the Analysis document on Environmental Impact (AMDAL) which does not include the interests of other communities and reduces the participation of indigenous peoples.
The issuance of the Job Creation Perppu is also proven to do not meet the urgency of forcing as stipulated in Article 22 paragraph (1) of the 1945 Constitution of the Republic of Indonesia (UUD NRI Year 1945) and is further required by PMK Number 138/PUU-VII/2009.
"Thus, the ratification of the Bill on the Determination of the Job Creation Perppu is a sign that the state has various ways to trick the constitution," Melki said in his official statement on March 22, 2023.
This means that the ratification of the Cooperation Creation Perppu just eats away at the rights of the people. Instead of prospering, this rule has the potential to oppress workers and have a negative impact on environmental conservation. On the other hand, it only benefits the investors.
"Our attitude has not changed, since it was still in the omnibus law format, it was passed into law, declared unconstitutional by the Constitutional Court, until it was transformed into a Perppu which was ratified by the DPR. We still refuse," said Melki.
The council that is in the chair there is no longer a representation' but the inpressors'', namely employers, slander of the people, even opponents of the constitution. Like a mouse with a cunning character that launches various oligarchic efforts, it is increasingly visible that the DPR really does not side with the people. There is no longer any reason for us to trust our representatives, "wrote BEM UI 2023 on its Twitter account on March 22, 2023.
Not only for council members, BEM UI in 2021 has also criticized President Jokowi through a poster that reads 'President Jokowi: The King of Lip Service'.
The President is considered to have made only sweet promises regarding the revision of the ITE Law and the plan to issue a Perppu cancel the revision of the KPK Law. However, in its implementation the statement contradicts reality in society.
Likewise in April 2022, BEM UI also sent criticism through a long video showing President Jokowi walking backwards to the brink. It reads, "Welcome to the era of setbacks, when the state of law actually perpetuates evil power."
The role of students in the history of the nation's struggle is indeed quite large, even starting before the era of independence. It was the student who founded the Boedi Oetomo movement organization in 1908, an organization that became the beginning of the rise of the spirit of nationalism and the movement of the Indonesian people in fighting colonialism.
Students also initiated the Youth Pledge in 1928 and forced Soekarno-Hatta to immediately proclaim Indonesia's independence in 1945.
Students also played an important role in changing political structure in 1966 and the birth of the reform era in 1998.
However, student struggles in the current era are starting to shift. Criticism or disapproval of the ruling policies no longer only rely on demonstrations to take to the streets, but rather take advantage of social media activities by creating criticism content, either in the form of images or videos. This is in line with the current development of digital technology.
The Constitution also allows Article 28E paragraph (3) of the 1945 Constitution to state that everyone has the right to freedom of association, assembly, and opinion.
Everyone also has the right to communicate and obtain information to develop their personal and social environment, and has the right to seek, obtain, possess, store, process, and convey information using all available channels, according to Article 28F of the 1945 Constitution.
Even so, there are still limits. Article 28J paragraph (1) states that everyone must respect the human rights of others in the orderly life of society, nation and state.
Then paragraph (2), in carrying out their rights and freedoms, everyone must submit to the restrictions stipulated by law with the intention of merely guaranteeing recognition and respect for the rights and freedoms of others and to fulfill the fair demands in accordance with moral considerations, religious values, security, and public order in a democratic society.
This means that according to Hendry Julian Noor, although criticism of the government is common and a reflection of democratic life, as a nation that adheres to the values of decency and decency is still upheld.
Politeness and decency are values that live in Indonesian society. This is also considered in the Law on Judicial Power.
"The law protects the right to criticize as long as its substance is not slander and conveyed in the right way," wrote Hendry, lecturer at the Department of Law, State Administration, Faculty of Law, Gadjah Mada University in his opinion in Kompas.
It's also better not to just criticize, it's better to also provide solutions to the problems that occur. So, there are no accusations of criticism just to find fault.
Senior PDI-P politician Hendrawan Supratikno also argues that students should emphasize analytic and solutionful actions, as well as be challenging through rational and argumentative discussions and debates. Not actually publicizing the umpatan and narration that degrades the essence of the main task of students.
"We hope that students can convey criticism in more academic, more classy, not careless ways, collect street dictions that are contaminated with partisan interests. Let's open a high-quality debate forum," added Hendrawan when confirmed on March 24, 2023.
In fact, criticism is a very important part for the government, especially the DPR in order to create a check and balance so that it remains consistent in upholding public virtues.
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