Needdem Calls Discussing Elections To Pass The Session Period For The Form Of Law Negligence For The Form Of Law

Executive Director of the Association for Elections and Democracy (Perludem) Titi Anggraini. (Between)

JAKARTA - Executive Director of the Association for Elections and Democracy (Perludem) Titi Anggraini assessed that the discussion of the Draft Law on the Determination of Perpu Number 1 of 2022 into a law that passed the first session was a form of law negligence. legislators.

"So, the issue of not discussing the Election Perpu during the first session after this Perpu was determined is a form of negligence between the Government and the DPR RI," said Titi, who is also an election teacher at the Faculty of Law, University of Indonesia, Thursday, March 16, which was confiscated by Antara.

This election activist made this statement when responding to the statement of the Chairman of Commission II of the DPR Ahmad Doli Kurnia.

Previously, the DPR received a Presidential Letter (Surpres) regarding the Bill on Stipulation of a Government in Lieu of Law Number 1 of 2022 concerning Amendments to Law Number 7 of 2017 concerning General Elections (Perpu Pemilu) on January 13, 2023, a few days before the closing of Session Period III for Session Year 2022 2023.

Doli said that his party used a measure based on the entry of the presidential decree to the DPR to conduct discussions.

Nevertheless, the phrase "the following trial" is interpreted as "one session after the Surpres of the Election Perpu enters" or during the Fourth Session Period of the current 2022-2023 Session Year, according to Titi, it is not appropriate.

In Article 22 of the 1945 Constitution of the Republic of Indonesia, then translated by the Explanation of Article 52 of Law no. 12 of 2011 concerning the Establishment of Legislation, said Titi, what is meant by "the following trial" is the first session of the Indonesian House of Representatives after the regulation was enacted.

Supposedly, continued Titi, the Government and the DPR should not have justified this fact by making interpretations that deviate from practice so far and also the provisions in Law Number 12 of 2011.

Better, said Titi, the Government and the DPR made limited changes to Law no. 7 of 2017 concerning General Elections so that the norms in the Perpu are firmly adopted in the material content of the Election Law.

For the substance of the Election Perpu which has been implemented during the implementation period of this Perpu, between December 12, 2022, and February 16, 2023, he assessed that it remains valid and binds all parties.

This includes the issue of electoral districts (dapil) and the allocation of seats, selection of KPU and Bawaslu in four expansion provinces, as well as the selection of village/kelurahan based at least 21 years old.

Answering the question of whether in the future the Election Perpu Determination Law to become a law worthy of being tested at the Constitutional Court, this member of the Advisory Council of the Needdem said that the judicial review of this law is very possible.

"Those who see that there is an inaccuracy of formal procedures in the discussion and approval of the Election Perpu may test the law which is the result of the stipulation of the Election Perpu Bill into this law to the Constitutional Court," said Titi.