JAKARTA - Constitutional law expert Refly Harun assessed that the demands of students who are members of the Student Executive Board (BEM) throughout Indonesia for President Joko Widodo (Jokowi) to resign are constitutionally valid.
"We know that one of the demands is demanding Jokowi step down. The question is whether it is permissible to convey aspirations like this? Yes!
"The aspiration that asks the president to resign is constitutional, it cannot be said that it is unconstitutional," Refly explained through the Youtube channel @Refly Harun quoted on Thursday, October 21.
According to Refly, what is not allowed in constitutional law is to carry out a coup or to overthrow the official power of the state using the military. It's just that in certain contexts, this coup can be considered legitimate.
"Yes, if the coup was carried out in a successful way, he would become the new legal order into a new legal system. But this is related to constitutional law, don't think too much about it, it will be misunderstood. This constitutional law is the same as politics, if you win then you are not considered to be carrying out a constitutional activity, but if you lose it is unconstitutional," explained Refly.
In addition to a coup or demands to resign, in the constitution, the head of state can be replaced through general elections (Pemilu) which are held once every 5 years. Since 2004, Indonesia has changed its president through elections.
On that occasion, Refly also had time to read some netizen questions regarding who is the right person to replace President Jokowi in 2024? According to Refly, his choice fell on Rizal Ramli.
"Rizal Ramli, we need someone who is a bit reckless, brave but also has a concept, is firm and has a background. Yes, Anies Baswedan is also good, Ganjar Pranowo, Ridwan Kamil is okay too,"
"But when compared to Rizal, Rizal is a much more senior figure," explained Refly.
It's just Refly does not deny that the person who has the capacity or capability is not necessarily chosen by the people because he does not have a vehicle. People are only fascinated by the image alone.
"Therefore, we will see who becomes the candidate. Gatot Nurmantyo is also good. Prabowo wants to come forward, please, Puan Maharani, please. That is far more democratic than preventing people from advancing for reasons of efficiency, even though the reason is that he wants to win by cheating, not being a gentleman through the parliamentary threshold," said Refly.
To note, in the action, SI BEM Alliance submitted at least 12 demands to the Government.
1. Demand and urge the government to issue a Government Regulation in Lieu of Law to cancel Law Number 11 of 2020 concerning Job Creation.
2. Demand and urge the government to improve and increase Indonesia's economic growth which is still relatively low.
3. Demand and urge the government to develop natural resources (SDA) and human resources (HR) in the country, without making foreign debt a source of state development.
4. Realize civil liberties as widely as possible in accordance with the constitutional mandate and guarantee the security of everyone on the right to opinion and in expressing opinions as well as present evaluations and reforms within the National Police Institution
5. Realize the supremacy of law and human rights that is just, non-selective and resolves past human rights.
6. Dismiss Firli Bahuri as Chairman of the KPK, cancel the TWK, present the Perppu on the KPK Law Number 19 of 2019 and restore the dignity of the KPK as the realization of Jokowi's promises in the corruption eradication agenda.
7. Demanding the government to provide first aid affirmations over 35 years of age and a period of service of more than 10 years to be prioritized for graduation and to directly appoint honorary teachers over 50 years of age.
8. Demand the government to immediately improve the quality of education, both in terms of improving the quality of Indonesian teachers and equitable distribution of educational facilities and infrastructure throughout Indonesia.
9. Demand the government to restore the independence of the National Education Standards Agency.
10. Urge President Jokowi to immediately issue a Government Regulation in Lieu of Law to cancel Law Number 3 of 2020 concerning Minerba.
11. Urge the government to immediately meet the energy mix target and immediately accelerate the transition of dirty energy to new and renewable energy.
12. Affirmation of the pornography law as a legal regulation to tackle pornographic content that has an impact on the rise of sexual harassment.
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