Kaleidoscope 2021: Is It True That The DPR's Performance Is Slow And Only Becomes The Government's 'Stamper'?

JAKARTA - The Parliamentary Concerned Community Forum (Formappi) assesses that the performance of the Indonesian House of Representatives (DPR) has been sluggish towards the draft law in the public interest. As in the discussion of the Personal Data Protection Bill (PDP), the Sexual Violence Crime Bill (TPKS), and the Disaster Management Bill.

Formappi noted that the achievement of 8 priority bills out of 37 bills in the list of the 2021 National Legislation Program (Prolegnas) proves the DPR's indifference to the public.

Researcher Formappi Lucius Karus assesses that the DPR's performance during 2021 also seems dull and once again only becomes the government's 'stamp'. This can be read from the ease with which the DPR approves regulations such as the Draft Law (RUU), the Draft APBN and the accountability of the APBN.

"The government's control is carried out through coalition political parties which will then become the reference for the factions in parliament," said Lucius in his statement, Tuesday, December 28. The predicate of government 'stamp', continued Lucius, is getting stronger because the DPR has never carried out its supervisory function on government performance optimally. Especially the supervision of the APBN which is prone to corruption.

Lucius said that the DPR has never used interpellation, questionnaires, and the right to express their opinion. , said Lucius, the emergence of the Constitutional Court's decision on Law Number 11 of 2020 concerning Job Creation shows the weakness of the legislative quality of the DPR. This, he said, is also an important note for the performance of the DPR in ratifying the products of the Act.

During 2021, the DPR also has many internal problems. For example, the desire of parliamentarians to get special vehicle plates and self-isolation places in hotels. As well as the formation of a special committee for the IKN Bill which had ignored the DPR's rules and regulations. "The DPR's enormous power becomes meaningless when it is only perpetuated for their own interests and the elites in political parties," said Lucius.

The following is a summary of a number of events in the DPR RI that will receive public attention in 2021:

1. Approval of the candidate for the National Police Chief

The tension in the news in the DPR in early 2021 was marked by the change of the National Police Chief. The public and even members of the DPR each have a prediction of who President Joko Widodo will appoint. Speculation about the candidate for the National Police Chief who will replace General Pol Idham Azis was finally answered after the Indonesian House of Representatives received a presidential letter regarding the name of the candidate for the Head of the Indonesian National Police (Kapolri), namely Komjen Pol Listyo Sigit Prabowo.

The Presidential Decree numbered: R-02/Pres/01/2021 was conveyed by Minister of State Secretary Pratikno at the Parliament Building, Jakarta, Wednesday, January 13.

The Deliberative Body (Bamus) then assigned Commission III of the DPR to carry out a fit and proper test for the candidates for the National Police Chief. Commission III of the DPR has scheduled a due diligence test on Tuesday, January 19. In the feasibility test, Listyo Sigit describes eight commitments that he will carry out if he becomes the National Police Chief, one of which is to make the National Police a "precise" institution. He also emphasized that the law enforcement carried out by the National Police must be firm but humane so that there should no longer be a legal adage that is sharp downwards but blunt upwards. After the due diligence, Commission III of the DPR RI approved the appointment of Komjen Pol Listyo Sigit Prabowo as the Chief of the National Police, after listening to the opinions of the factions. -factions in the DPR's internal Commission III meeting on Wednesday, January 20, at noon. All factions agreed to appoint Listyo Sigit as National Police Chief. There were three factions that gave notes, namely the PAN faction, the PKS faction, and the Democrat Party faction. The decision of Commission III of the DPR RI was later approved at the DPR Plenary Meeting on Thursday, January 21. Furthermore, the Secretary General of the DPR RI, Indra Iskandar, on Friday, January 22, handed over a letter of approval for the honorable dismissal of Police General Idham Azis and the approval of the appointment of Komjen Police Listyo Sigit Prabowo as Chief of the National Police, to Minister of State Secretary Pratikno.

2. Failed Revision of Election Law

There are pros and cons of issues in the Revision of Law Number 7 of 2017 concerning Elections. The bill is a proposal from Commission II of the DPR RI which regulates the Presidential Election, Legislative Elections (DPD, DPR, Regency/City DPRD, Province), and Pilkada. normalized to 2022 in the Election Bill. This is because they have carried out the regional elections in 2017, as well as the regions whose 2018 regional elections will hold another regional election in 2023.

Several revision points are also being debated, ranging from normalizing the implementation of the regional elections to 2022 to the ban on former members of Hizbut Tahrir Indonesia (HTI) from participating in the elections. In addition, there are a number of reasons the DPR wants to normalize the schedule for the elections, including looking at the experience of organizing the 2019 General Election and Legislative Election. which resulted in many victims from the election organizers. Meanwhile, the factions who rejected the revision of the Election Law because they considered Law number 7/2017 on General Elections and Law number 6/2020 on Pilkada still very relevant to be used as the basis for carrying out presidential, legislative and regional elections in the future. At the beginning of the process of revising the Election Law, which was carried out at the DPR Baleg for harmonization, several factions supported the revision. However, in its development the attitude of the faction changed, namely refusing the revision of the Election Law. In the end, Commission II of the DPR agreed not to continue discussing the revision of the Election Law after a meeting with the Chair of the Faction Group (Kapoksi). And the Election Bill was also removed from the 2021 Priority National Legislation Program (Prolegnas).

3. Revised Papua Special Autonomy Law Approved

The government submitted a proposed Bill on the Second Amendment to Law No. 21 of 2001 concerning Special Autonomy (Otsus) for Papua and the DPR followed up by forming a Special Committee (Pansus) on Wednesday, 10 February. There are three government proposals for the revision of the Special Autonomy Law, namely Article 1 regarding General Provisions, Article 34 regarding the Special Autonomy Fund, and Article 76 regarding regional expansion. Komarudin Watubun (F-PDI-P), accompanied by three deputy chairmen, namely Agung Widyantoro (F-Golkar Party), Yan Mandenas (F-Gerindra), and Marthen Douw (F-PKB). The points as proposed by the government are general provisions, additional budget and regional expansion authority so that welfare for Papua can be realized. The Papua Special Autonomy Bill consists of 143 Problem Inventory Lists (DIM) and is discussed in detail and comprehensively at the Working Committee (Panja) level with a cluster system namely the substance cluster proposed by the government and the substance cluster outside the government proposal. After the Special Committee held a meeting with the government and asked for input various parties, finally the Special Committee for the revision of the Papua Special Autonomy Law on Monday, July 12, approved the revision of the law to be brought to the Plenary Session of the DPR RI for Level II approval. the passage of the Papua Special Autonomy Bill into law. In the end, the Papua Special Autonomy Special Committee made changes to 19 articles, consisting of three articles proposed by the government and 16 articles that were not proposed by the government. , evaluation and coordination of the implementation of special autonomy and development in the Papua region. The establishment of the special agency is an effort to increase the effectiveness of development in Papua. The special agency has the main task of synchronizing, harmonizing, evaluating and coordinating the implementation of Special Autonomy and development in the Papua region.

4. 40 Priority Prolegnas Bill 2022

The 2021 Priority Prolegnas was finally re-discussed during the Third Session Period for the 2020-2021 Session Year, after two sessions were unsuccessful. During the Third Session Period, 33 Bills were finally determined to be included in the 2021 Priority Prolegnas. Previously, the DPR RI Baleg Working Meeting with the government and the DPD RI Law Designing Committee (PPUU) on Monday, March 19, agreed to change the list of draft laws. (RUU) which is included in the 2021 Priority National Legislation Program (Prolegnas) and 2020-2024 Prolegnas. During the working meeting it was agreed that the Bill on General Elections would be withdrawn from the list of Prolegnas of the 2021 Priority Bill and replaced by a Bill on the Fifth Amendment to Law Number 6 of 1983 concerning General Provisions and Tax Procedures proposed by the Government. A total of eight factions agreed that the Election Bill was withdrawn from the list of Prolegnas Priority 2021 and only the Democratic Party faction requested that the bill continue to be discussed. Meanwhile, the amendment to the Prolegnas Priority 2021 agreed that there would be 37 bills in the Prolegnas 2021, with the addition of three bills proposed by the government and one proposed by the DPR. RI in Prolegnas 2021. The three bills are the Draft Criminal Code (KUHP), the Bill on Amendments to Law Number 12 of 1995 concerning Corrections, and the Bill on Amendments to Law Number 11 of 2008 concerning Information and Transactions Electronic. One bill proposed by the DPR RI is the Bill on Amendments to Law Number 15 of 2006 concerning the Supreme Audit Agency. Then, during the Second Session Period of the 2021-2022 Session Year, the Legislative Assembly of the DPR together with the government and DPD RI agreed on 40 bills to be included in the 2022 Priority Prolegnas. , the decision was taken at the Baleg Meeting on Monday, December 6. The working meeting included one bill in the list of Open Cumulative Bills, namely the Draft Law on Amendments to Law Number 11 of 2020 concerning Job Creation. Of the 40 bills included in the 2022 Priority Prolegnas, there are only six new bills, the rest are launches. or “carry over” from the 2021 Priority Prolegnas. The six new bills consist of four bills proposed by the DPR Baleg, namely the Bill on Chemicals, the Bill on the Implementation of the Rights and Obligations of Members of the DPR RI, and the Bill on Amendments to Law No.23 of 2019 concerning Resource Management. National Power for National Defense, and the Bill on the Second Amendment to Law Number 12 of 2011 concerning the Formation of Legislation. In addition, the bill proposed by members of the DPR RI is the Bill on Maternal and Child Welfare, and the government's proposal is the Bill on Industrial Design. (in Prolegnas 2020-2024, it is written: Bill on Amendment to Law Number 31 of 2000 concerning Industrial Design). One of the R The law that is included in the 2022 Priority Prolegnas is the Bill on the Second Amendment to Law No. 2011 concerning the Formation of Legislations (PPP).

5. Candidate for TNI Commander

The predictions and riddles of the candidate for TNI Commander in Chief to replace Marshal Hadi Tjahjanto were finally answered after the DPR received a Presidential Letter (Surpres) regarding the proposed candidate for TNI Commander in Chief on behalf of General Andika Perkasa, which was delivered by Minister of State Secretary Pratikno, Wednesday, November 3.

On the same day, the DPR Deliberative Body (Bamus) immediately held a meeting, deciding to assign Commission I of the DPR to carry out the process of testing the feasibility of the TNI Commander candidate. The day after that, Commission I of the DPR held an internal meeting on Thursday, November 4, to determine the process and mechanism for the fit and proper test of the candidate for the TNI Commander in Chief.

In the Internal Meeting of Commission I of the DPR RI, it was decided that the eligibility test for the candidate for the Commander of the Indonesian National Armed Forces would be held on Saturday, November 6, and the administrative verification stage on Friday, November 5. The feasibility test was conducted openly for the presentation of the vision and mission, meanwhile for further discussion and questions and answers were conducted behind closed doors. General Andika was only given 30 minutes to explain the vision and mission, but only five minutes were used.

After the feasibility test, Commission I of the DPR gave approval to the appointment of the candidate for the commander of the TNI to General Andika Perkasa as the Commander of the TNI. Commission I of the DPR also approved the honorable discharge of Marshal TNI Hadi Tjahjanto as Commander of the TNI and expressed his appreciation for his dedication so far. Furthermore, Commission I of the DPR carried out factual verification of the candidate for commander of the TNI, General TNI Andika Perkasa by visiting his home in South Jakarta, on Sunday, 7 November. The purpose of the factual verification is to stay in touch with the family, to see the daily life of the prospective TNI commander in chief, and to see the house they live in according to the State Official Wealth Report (LHKPN). as TNI Commander replacing Marshal Hadi Tjahjanto.

6. TPKS Bill Agreed but Not Completed

The Bill on the Elimination of Sexual Violence (PKS) is one of 33 bills that are included in the list of Prolegnas Priority 2021. The bill was actually included in the 2020 Prolegnas, but the government and the Indonesian House of Representatives agreed to issue the bill in the Prolegnas list.

Meanwhile, the PKS Bill that is included in the 2021 Priority Prolegnas is a proposal from the DPR RI Baleg with different drafts and materials from the previous ones. Then, the DPR Baleg formed a Working Committee (Panja) to discuss the PKS Bill material before being brought to the DPR Plenary Meeting to be approved as a proposal. DPR initiative. In its development, the PKS Bill has been changed to the Sexual Violence Crime Bill (TPKS) which has the status as an initial draft. The TPKS Bill has undergone several editorial and material changes as part of the dialectic that occurs so that the discussion of this bill continues to progress. The Working Committee on the TPKS Bill only includes five types of sexual violence, namely sexual harassment, forced sexual intercourse, forced contraception, forced abortion, and sexual exploitation. sexual violence so that the TPKS Bill is needed. Finally, the DPR Baleg Plenary Meeting on Wednesday, December 8, approved the TPKS Bill as a proposed initiative by the Indonesian House of Representatives. Of the nine factions that have expressed their opinions, there are seven factions that have agreed, one faction asked to postpone, and one faction refused. The Golkar faction asked to postpone it because it still needed to hear the public's opinion and the PKS faction rejected the TPKS Bill. However, at the Plenary Meeting of the Closing of the Session of the DPR RI on Thursday, December 16, the TPKS Bill was not included in the decision-making agenda to become a proposal for the DPR RI initiative. Puan Maharani said her institution only wanted to decide on the Sexual Violence Draft Law (RUU TPKS) according to the existing mechanism so that its implementation could later run properly and correctly. Puan explained that there were no problems related to the TPKS Bill so it would be decided during the Session III Period of the 2021-2022 Session which began on January 11, 2022. has become a law, is considered to be beyond the applicable mechanism. He emphasized that the leadership of the DPR supports that the TPKS Bill is immediately taken at Level II, namely through a plenary session to be approved so that it becomes a law.

7. Pros and Cons of the Job Creation Bill and the IKN Bill

The issue of the Job Creation Law, which was deemed unaspirational and the relocation of the State Capital (IKN) which was deemed not necessary, became the main focus in the "Kaleidoscope and Final Evaluation of 2021" the PKS Fraction of the DPR RI.

PKS considers the discussion process until the ratification of the Ciptaker Bill is too forced, as a result the legislation product under the Omnibus Law is considered detrimental to the people and does not accommodate the majority of people's aspirations. still being promulgated even though it seems rushed without giving room for input from experts. Overall, the law is considered problematic and detrimental to the interests of the wider community such as workers, farmers, and fishermen. The Constitutional Court (MK) in its decision stated that the Job Creation Law was unconstitutional conditional or unconstitutional as long as it is not corrected by the legislators, and is given 2 years to revise.

Meanwhile, the Legislative Assembly of the Republic of Indonesia is committed to prioritizing the discussion of the revision of the PPP Law and the Job Creation Law, after the issuance of the Constitutional Court (MK) Decision which stated that the Copyright Law was contrary to the 1945 Constitution and had no binding legal force (unconstitutional) if it was not corrected within 2 years.

Next is the matter of relocating the National Capital City (IKN). The government's step is considered not necessary at this time because the community is still faced with economic pressure due to the COVID-19 outbreak that has not subsided. Several factions, one of which is PKS, have urged the government to focus on improving the people's economy. In addition, if one of the reasons for moving the capital city is because Jakarta is flooded, recently the prospective capital city has also been flooded. Not to mention the matter of the budget to be used, which the government said did not use the APBN. In fact, it is still doubtful that there are other parties, including the private sector, who are willing to finance the relocation of the new capital city.

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