JAKARTA - The revision of the rules in the Statute of the University of Indonesia (U) which allows the chancellor to hold concurrent positions as a commissioner of SOEs has received the attention of many parties. One of them came from an expert on constitutional law, Refly Harun.
According to Refly, the state in this way is really dangerous. Just imagine, if there is a violation of the law (UU) it is not a violation of the law that is given administrative sanctions, but it is enough that the law is changed.
"But it's enough that the law is changed, so that what was previously haram becomes halal. Our country is extraordinary," quipped Refly Harun, quoted by VOI from the YouTube Channel @Refly Harun, Wednesday, July 21.
"When it was talked about that the UI Chancellor had violated the PP, it wasn't the UI Chancellor who was removed from office because he had violated it or even the BUMN minister who had neglected to be removed, he wanted to be dismissed because he had neglected to violate the law, but what happened was that the error was legalized. by changing PP.
It is ironic that good governance can be created when the president himself is an example of the violations he has committed.
This way of thinking is chaotic in a country that should be subject to the rule of law. However, having multiple positions not only violates the PP Statua UI, but also violates the law.
For example, in Law Number 25 of 2009 concerning Public Services. Article 17 letter a explains that the executor (implementer of public services) is prohibited from concurrently serving as a commissioner or administrator of a business organization for those who come from the environment of government agencies, state-owned enterprises, and regionally-owned enterprises.
"So imagine that it is very explicit that it is forbidden to hold concurrent positions. Is it a public service rector? I think I want to argue that he must be a public service. It's impossible for the chancellor to be not an executor of public services,"
"So, he is a public service whose function is. Who is the public? One of them is students, but outside students it can also be related to, for example, information for entering universities and so on or any information related to Indonesian universities," said Refly Harun.
It is known, Government Regulation (PP) 68/2013 regarding the Statute of the University of Indonesia (UI) has been changed to PP 75/2021.
PP 75/2021 was signed by President Joko Widodo (Jokowi) on July 2, 2021 and promulgated by Menkumham Yasonna Hamonangan Laoly on July 2, 2021.
In the new UI Statutes, the UI Chancellor is only prohibited from serving as a director of BUMN/BUMD/private sector. While previously it was prohibited to hold concurrent positions as BUMD/BUMN commissioners who used the word 'official' in Article 35 letter c of the UI Statute. Currently, the Rector of UI is Ari Kuncoro.
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