JAKARTA - Chairman of the MPR RI Bambang Soesatyo submitted a letter from the leadership of the MPR RI regarding the no longer validity of TAP MPRS Number XXXIII/MPRS/1967 regarding the Revocation of State Government Power from President Soekarno to the families of the First President of the Republic of Indonesia Soekarno and Menkumham Supratman Andi Agtas.
"The brothers who attended this morning will be direct historical witnesses to participate in the handover of the letter from the leadership of the MPR RI to the Minister of Law and Human Rights of the Republic of Indonesia and to the Bung Karno extended family regarding the follow-up to the non-approval of the TAP MPR Number XXXIII/MPRS/1967 dated March 12, 1967 regarding the Revocation of State Government Power from President Soekarno," said Bamsoet, Bambang Soesatyo's nickname at the Parliament Complex, Senayan, Jakarta, Antara, Monday, September 9.
The letter was handed over directly to a number of Soekarno's children who were present, including the 5th President of the Republic of Indonesia Megawati Soekarnoputri, Guntur Soekarnoputra, Sukmawati Soekarnoputri, and Guruh Soekarnoputra.
Bamsoet explained that the MPR had received a Letter from the Minister of Law and Human Rights regarding the non-regulation of the TAP MPRS Number XXXIII/MPRS/1967. The MPR leadership has responded to the letter by bringing and discussing it in a meeting of the MPR leadership on August 23, 2024.
"In accordance with the decision of the MPR leadership meeting which has been signed by the 10 MPR leaders, we have agreed to officially answer the institutional letter of the Minister of Law and Human Rights, which has been read out by the Acting Secretary General of the MPR RI, Mrs. Siti Fauzia earlier," he said.
Even though it has been revoked, Bamsoet is aware that there are psychological and political issues related to accusations against President Soekarno that he has supported the rebellion and betrayal of the September 30th Movement (G30S) of the PKI in 1965.
"TAP MPRS Number XXXII/MPRS/1967 has been declared as the MPRS Decree group which does not need further legal action, either because it is einmalig (finals), has been revoked, or has been completed," he said.
On the other hand, the order to the Presidential Officer to resolve Bung Karno's legal problems on these charges as stated in Article 6 of the MPRS TAP Number XXXIII/MPR/1967 was never carried out until the person concerned died in 1970.
He then explained that there were legal principles in the application of the Omnis Idamnatus pro innoxio legibus habetur or any person who could not be found guilty before being declared otherwise by law, as stipulated in Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia.
"Thus, in a juridical manner these allegations have never been proven before law and justice, and have been contrary to Indonesian principles as a state based on law," he said.
In addition, Bamsoet added, the 6th President of the Republic of Indonesia Susilo Bambang Yudhoyono has also issued Presidential Decree Number 83 / TK / 2012 which awarded the National Hero Title to Soekarno, with one of the conditions for awarding the title, namely being loyal and never betray the nation and state.
Including in 2022, President Joko Widodo has emphasized that Soekarno has fulfilled his loyal requirements, did not betray the nation and state which are a condition for awarding the title of heroism, as was the title of National Hero given by President Susilo Bambang Yudhoyono.
"This means that someone who during his lifetime has betrayed the nation and state will never meet the requirements to get the title of national hero. Thus, the decision to award the title of national hero by the state to Bung Karno, administratively and juridically Bung Karno meets the requirements to never betray the nation and state," he said.
Bamsoet also ensured that the MPR RI would provide a special classification regarding the MPR/MPRS Decrees mentioned in Article 6 of MPR Decree Number I/MPR/2003 concerning Review of the Materials and Legal Status of MPRS and MPR RI Regulations from 1960 to 2002 as part of the arrangement of the MPR RI archive.
"This includes providing a special classification of the TAP MPRS Number XXXIII/MPRS/1967 as a stipulation of the MPRS which has been declared no longer valid and the decision must be socialized to all Indonesian people, especially the younger generation of the Indonesian nation," he said.
Bamsoet hopes that with the reaffirmation of the MPR leadership on the absence of TAP MPRS Number XXXIII/MPRS/1967 in accordance with the legal basis of the MPR RI Number I/MPR/2003, and the issuance of Presidential Decree Number 83/TK/1921 can remove the stigma inherent to Soekarno so far.
"Yang telah membuat luka pendalam bagi diri Bung Karno, keluarga, dan rakyat Indonesia yang mencintai Bung Karno sebagai pahlawan bangsanya, proklamator bangsa, dan penggeri Pancasila," kata dia.
In addition to Soekarno's extended family, on that occasion a number of MPR RI leaders were also present, namely Deputy Chairperson of the MPR RI Fadel Muhammad, Ahmad Basarah, Hidayat Nur Wahid, and Ahmad Muzani.
In addition, Minister of Law and Human Rights Supratman Andi Agtas, former Minister of Law and Human Rights Yasonna H. Laoly, former Coordinating Minister for Political, Legal and Security Affairs Mahfud Md to Constitutional Court Judge Arief Hidayat were also present.
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