Ignoring Public Criticism, DPR Opens Opportunity to Strengthen "Recall" Authority of State Officials

JAKARTA, KOMPAS - Instead of listening to public criticism, the House of Representatives or DPR is opening the possibility of strengthening its authority to evaluate state officials they have chosen under the legal framework of laws. Thus, this new authority can be stronger and more binding.

On Tuesday (February 4, 2025), during the Plenary Session of the DPR, it was agreed to add one article in the revision of the DPR Rules of Procedure (Tatib), namely Article 228A.

The article states, "in order to enhance the supervisory function and maintain the honor of the DPR regarding the results of the commission's discussions, the DPR may conduct periodic evaluations of candidates who have been determined in the DPR plenary session. The results of the evaluation are binding and are submitted by the commission conducting the evaluation to the DPR leadership for follow-up in accordance with the applicable mechanisms."

Candidates referred to include the leadership of the Corruption Eradication Commission (KPK), commissioners of the General Elections Commission (KPU) and the Election Supervisory Agency (Bawaslu), as well as Constitutional Court judges and Supreme Court justices. The results of the evaluation could eventually lead to recommendations for dismissal.

The presence of that article has also drawn criticism from various circles. For instance, the presence of that article is considered very fatal and damaging to the state administration because the DPR's rules of procedure should only regulate the internal scope.

Responding to the criticism, the Chairman of the Legislative Body (Baleg) of the House of Representatives, Bob Hasan, when met at the Parliament Complex, Jakarta, on Wednesday (5/2/2025), stated that the article regarding the authority to evaluate was purely presented to maintain the balance between the legislative, judicial, and executive branches. He also denied that the revision was made based on political considerations.

Bob does not rule out the possibility of elevating the new rules in the Tatib to the level of law. For this, the rules could be included in the revision points of the Law on MPR, DPR, DPRD, DPD (UU MD3). He considers it very possible for the DPR to do this so that the authority to evaluate becomes stronger and more binding.

"Yes, it can be elevated (to a law) later. Starting with the rules of procedure first. It is possible, from the rules of procedure to become a law," said the politician from the Gerindra Party.

The Draft Law (RUU) on MD3 is one of the bills included in the National Legislation Program (Prolegnas) for 2025-2029. In addition to the MD3 bill, there is also the MK bill. With the inclusion of these bills in the Prolegnas, the lawmakers, namely the DPR and the government, can discuss them at any time according to their agreement.

However, Deputy Chairman of the DPR Legislation Body from the PDI-P Faction, Sturman Panjaitan, did not want to speculate whether the regulation regarding the DPR's authority to evaluate state officials would later be accommodated in the Law.

"However, actually, we discussed with our leaders. So, see first whether (the public response to the revision of the DPR Tatib) is strong or not?" he said.

He explained the reason for inserting an article in the DPR Tatib regarding the DPR's freedom to evaluate state officials they choose. The reason is, so far, the DPR only has the authority to evaluate the performance of ministries, and assess the extent to which existing laws have been implemented by the government.

According to them, that authority is not enough. It needs authority that can directly evaluate the state officials. Because, it is not impossible that there are state officials who are entangled in problems or are no longer performing well after being elected by the DPR so they should be evaluated.

"Well, after we choose them, we don't know how their human performance is anymore. So, we try to evaluate them. Their performance is evaluated. What is evaluated is the performance of the person, the officials we choose," he said.

The results of the evaluation, Sturman continued, do not necessarily have to result in the dismissal of the official. It is also possible that the results of the evaluation are things that need to be fixed by the official concerned.

"From what I see, this is so that whoever we choose is not in vain. That's all, the point. What's important is that we can see, is his performance good? So that we can remind him, 'Sir, this gentleman as the official we chose, oh, has gone off track before, blablabla for example'," said Sturman.

He agreed that the assessment could be very subjective. Therefore, later the assessment must be taken from all political party factions, not only represented by a certain party faction. The basis for the assessment must also be clear.

Previously, criticism of the new authority of the DPR born through the Tatib was conveyed by one of them, Professor of Constitutional Law at Udayana University, who is also the Chairman of the Honorary Council of the Constitutional Court, I Dewa Gede Palguna. According to him, the DPR's decision shows that the DPR does not understand the theory of hierarchy and the binding power of legal norms. If continued, it will create damage in national life.

"This does not need the MKMK Chairperson to answer. A third semester law student is enough. Where does the knowledge come from that the tatib can bind out? How come the DPR does not understand the theory of hierarchy and the binding power of legal norms. How come the DPR does not understand the theory of authority. How come the DPR does not understand the theory of separation of powers and checks and balances," said Palguna.