JAKARTA A constitutional law expert, Herdiansyah Hamzah suspects that the revision of the newly passed Order is an effort by the DPR to hold other state institutions or administrators hostage whose election process is through parliament.
"What is the motive behind it? There is a kind of effort to outsmart the hostage-taking process against KPK and MK leaders, and we have often obtained this," he said, Sunday, February 9, 2025.
According to him, such maneuvers are not the first time the DPR has carried out such maneuvers. This is because many laws are trying to be changed and made so that the DPR's authority does not only reach the proposal process, but also dismissals such as the case of Judge MK Aswanto.
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"Even if we look at various examples in other countries, there is no judge being removed in the middle of his term of office. Because the judge's term of office is fixed, it is fixed. Likewise with the KPK leadership, it cannot be removed in the middle of his term of office," Hamzah said.
He emphasized that the only way to replace state officials or administrators is if the person concerned dies or commits a disgraceful act based on the court's decision that has been signed.
"It's big if then the rules of the same class are the basis for negating the existence of laws that are hierarchically above it. So it's a big mistake to think about the members of the DPR," said Hamzah.
Previously, the Legislation Body of the DPR approved the revision of DPR Regulation Number 1 of 2020 concerning Order or the DPR's Order proposed by the Honorary Court (MKD). In the revision, the MKD proposed the addition of one article, namely Article 228A.
This article gives the authority for the DPR to conduct periodic evaluations of the heads of institutions and ministries agreed at the plenary meeting. The evaluation will be carried out by the relevant commission and the results will be binding to be followed up in accordance with the applicable mechanism.
With the ratification of the revision of the contract, all state officials appointed in the DPR plenary meeting can be evaluated by the parliament, including the KPK leaders, KPU commissioners, Bawaslu members, as well as MK and MA judges.
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