The Implementation Of Drug Duck Practices Is More Urgent In Indonesia

Illustration Of Photos Of Andry WInarko's Work

JAKARTA I don't say I agree or disagree, go ahead, but take it to the DPR, don't ask for impeachment from the Coordinating Minister. Why ask for impeachment to the Coordinating Minister for Political, Legal and Security Affairs? Can't.

That was the answer of the Coordinating Minister for Political, Legal and Security Affairs, Mahfud MD after an audience with figures who are members of the Petition 100 at the Coordinating Ministry for Political, Legal and Security Affairs Office, Jakarta, last Tuesday, January 9. Petition 100, which was fronted by Faizal Assegaf, Marwan Batubara, and Lt. Gen. (Ret.) Suharto proposed impeachment of President Joko Widodo.

One of the reasons is that the president has been too careless and is not neutral in the 2024 Presidential Election (Pilpres). Therefore, Petition 100 proposes impeachment so that the 2024 presidential election runs without a president.

Mahfud then revealed the initial chronology of the issue of impeaching President Jokowi. He said that at that time he was contacted by Faizal Assegaf who wanted to convey election problems. They are led by Faizal Assegaf my contacts. I have to accept them as Coordinating Minister for Political, Legal and Security Affairs. Suddenly they suggested two. One election must be without Jokowi and Jokowi must be impeached," he said.

According to Mahfud, the proposal appeared and was submitted in a closed meeting. However, he emphasized that it was not him who had the authority related to the election. Menkopolhukam is not the organizer of the election. Election organizers are KPU, Bawaslu, and DKPP. Report to me there, don't come here," he added.

As Coordinating Minister for Political, Legal and Security Affairs, Mahfud said that in the issue of impeachment he could not do much because he could not violate the constitution. Therefore, he then emphasized that he did not approve Jokowi's impeachment proposal.

"I cannot approve of that, it is wrong. Moreover, the current situation is difficult to bring down Jokowi as president because the impeachment rules have changed, and currently more than half of the coalition political parties are on President Jokowi's side," he explained.

Constitutional Law expert Zainal Arifin Mochtar explained that impeachment could occur in a political process, but there needs to be a qualification for presidential impeachment. For example, there must be a qualification whether a president is impeached for criminal acts, disgraceful acts, or administrative reasons. In other words, constitutional violations that are used as reasons for impeachment of the president must be specific as constitutional violations regulated in the 1945 Constitution and not because of its policies.

Meanwhile, from a political perspective, the DPR is one of the elements of the three institutions holding the presidential impeachment channel. This is because the impeachment mechanism in the Indonesian model involves three state institutions, namely the MPR, DPR and MK.

"This cannot be ruled out that the impeachment process in Indonesia is still the dominant legislative or progressive model where the location of impeachment is very thick with the MPR/DPR institution. Therefore, the key to passing this impeachment issue lies in the hands of the DPR. Without the DPR's proposal, the issue of impeaching the president will not occur," said Zainal.

He stated that although President Jokowi's impeachment proposals were regulated in the constitution, it was almost impossible at this time. Moreover, if the Petition 100 intends to impeach the president so that the presidential election runs without the figure of a Jokowi.

"The impeachment of the president, continued Zainal, must go through a process that is not simple, starting from determining the reasons for the dismissal of the president, to the long process that must be passed. So substantially the reason for impeachment is not a simple thing, and the process is no longer simple, because it must go to the DPR, MK, and MPR," he explained.

"If the target is to catch up before the 2024 presidential election, impeachment is clearly impossible. We can see that the discourse on the right to inquiry made by Masinton has turned yellow, let alone impeachment," continued Zainal.

According to him, instead of political parties spending energy and time thinking about impeachment, it would be better if they began reviewing the application of restrictions on the president's power during the transitional power or what is known as the 'lame duck' (labeled Duck). Because, in Indonesia until now it has not regulated further regarding the practice of lame duck' for the president's power.

Zainal reasoned, in the president's power there is a very large power so that the practice of strengthening' becomes very dangerous. In the president's power, various resources range from budgets, strategic positions such as ministers and so on, so there must be restrictions. Therefore, there must be a kind of rule that is present to limit the president from controlling and using such enormous resources.

This powerful power, called Zainal, will tease a president if he is not limited to the end of his term of office. First, if a president becomes incumbent, he uses his power to win again. Second, if not an incumbent, it is very possible for him to defend one of the candidates by using his power.

The third is very likely to happen known as the cinderella action'. In fairy tales, cinderella will become an ordinary person again at 12 p.m. in the context of state life, it is possible that before her power ends the president will issue a lot and change various rules and policies. This often happens in the practice of our country, "he said.

Zainal said the practice of 'lame duck' had been applied in the United States and in several other countries to limit the president from using his power ahead of the step down. Moreover, the incumbent president is very likely to use his power to encourage certain candidates to become successors.

"Well, we don't regulate what the 'lack game' is, even though in some countries it is regulated. For example, the president is no longer allowed to take important steps related to finance and related to positions. That is not allowed, it must be hindered," he said.

Zainal emphasized that to implement the practice of 'lame duck' in Indonesia, there is no need with the mechanism for amendments to the 1945 Constitution, but it can be driven by the Draft Law of the Presidential Institution.

"This is the importance of limiting power towards the end of a presidential term. We are not only talking about Jokowi, but also in the future," he said.

Political sociologist Kuskirdho Ambardi, also agrees with the importance of a kind of rule that is present to limit the president from controlling and using enormous resources ahead of the presidential election. Because, this is dangerous for democracy considering that an incumbent can freely use their power to issue policies that have no democratic character.

The application of the lame duck' practice must be a serious concern and there must be a push for political desire. These restrictions must of course also be in line with the constitutional principles that adhere to power restrictions. So, don't because when they can't contest or be elected, they can be free to power on behalf of the people," concluded Kuskirdho.