JAKARTA - The statement by the youngest member of the House of Representatives from the NasDem Party, Hillary Brigitta Lasut, regarding the position of members of the House of Representatives being the same as the president has drawn various public responses.
Previously, Hillary considered that there was nothing wrong if a member of Commission VII DPR and artist Mulan Jameela did self-quarantine at home after arriving from abroad. According to her, the president and members of the council have the same position so they have the same right to self-quarantine.
Constitutional law expert Margarito Thursday said there was nothing strange about Hillary's statement.
“As a politician, it's normal for her (Hillary) to have such discourse. As a discourse, there is no reason to blame Hillary," Margarito said Thursday in Jakarta, Monday, December 20.
Margarito considered Hillary's statement interesting to be a discourse from the aspect of the constitution. According to him, the House of Representatives should use Hillary's statement as an entry point to discuss the law governing the presidential institution so that the rights of the president can be defined in the law.
"Because so far there has been no presidential law," said Margarito.
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Margarito said that at a certain level the president's rights are not regulated in the constitution. This, he said, is different from the DPR. In certain cases, members of the DPR cannot be sued because they have the right to immunity in carrying out their functions as members of the DPR.
"Indeed in constitutional science, although the president's authority is not defined in the constitution, from time to time, the history of the constitution shows that the president has other powers that are not regulated in the constitution or the law," explained Margarito.
In fact, he continued, the president in constitutional science is said to have the presidential privilege. "All of these do not come from the text of the constitution but the president's interpretation of what is called presidential privilege," said Margarito.
Margarito reminded that many rights and powers of the president can only be used or effectively work after obtaining approval or consideration from the DPR.
"Indeed, the president has an office in the presidential office everywhere. In Indonesia, the State Palace. That's where he has his office and that's where he lives to carry out government and administrative powers. Practically, the president's office is at the State Palace and that's where his house is," he explained.
Therefore, according to Margarito, issues like this really depend on how the DPR and the president make political policies. According to him, if the DPR urges the government to make a policy, either a Presidential Regulation or a Minister of Health or a Minister of Health's decision that states, DPR members will self-quarantine at their homes or designated places, judging from the knowledge of law or the constitution, then this makes sense.
"Let them make a policy that isolation or quarantine must be in the president's house apart from the palace, it can be made. Regarding the quarantine of DPR members, they must be in a place that has been determined, and the president and quarantine at the Palace, which are only consequences of the legal vacuum. Because there is no law that clearly regulates it,” said Margarito.
Previously, a young politician from the NasDem Party Hillary Brigitta Lasut said that the position of members of the council was equal to that of the president. She said this was in response to the polemic of Gerindra politician Mulan Jameela's self-quarantine after traveling from abroad.
However, when VOI reconfirmed, Hillary declined to comment.
"Not allowed by the party to answer the media. Avoiding different content," said Hillary, Tuesday, December 7.
The English, Chinese, Japanese, Arabic, and French versions are automatically generated by the AI. So there may still be inaccuracies in translating, please always see Indonesian as our main language. (system supported by DigitalSiber.id)
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