DPR Can "Re-call" State Officials, MKMK Chairman: This is Ruining the Country, Boss...

JAKARTA, KOMPAS – The decision of the DPR to expand its authority to evaluate officials they have chosen based on procedural regulations has received sharp criticism. Professor of Constitutional Law at Udayana University, who is also the Chairman of the Honorary Council of the Constitutional Court, I Dewa Gede Palguna, stated that the decision shows that the DPR does not understand the theory of hierarchy and the binding power of legal norms. If continued, this will create damage in the life of the state.

"There is no need for the MKMK Chairperson to answer this. A third semester law student is enough. Where does the knowledge come from that the Tatib can bind the outside? How come the DPR doesn't understand the theory of hierarchy and the binding power of legal norms. How come the DPR doesn't understand the theory of authority. How come the DPR doesn't understand the theory of separation of powers and checks and balances," asked Palguna when asked for his response to the ratification of the DPR Tatib which allows the institution to evaluate state officials it has chosen, Wednesday (5/2/2025).

If the DPR understands the above matters but still enforces these provisions, Palguna believes that the members of the DPR do not want this country to stand on the fundamental law of the 1945 Constitution of the Republic of Indonesia. "But on the laws they like and desire, securing their own interests. This country is ruined, Boss...," said Palguna.

The involvement of the DPR has now gone too far, interpreting it as if the fit and proper test and so on are variations of the supervisory function.

Previously, the DPR swiftly revised DPR Regulation Number 1 of 2020 concerning Rules of Procedure. One of the revised points allows the DPR to periodically evaluate state officials they have selected. They added one article, namely Article 228A, to the Rules of Procedure. The addition of this article was agreed upon in the 12th plenary session of the DPR RI for the second session of the 2024-2025 legislative year.

The article reads, "in order to enhance the supervisory function and maintain the honor of the DPR regarding the results of the commission's discussions, the DPR can 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."

With the enactment of the revised DPR Rules of Procedure, now all state officials appointed in the DPR Plenary Session can be evaluated by the DPR, including the leaders of the Corruption Eradication Commission (KPK), commissioners of the General Elections Commission (KPU) and the Election Supervisory Body (Bawaslu), as well as judges of the Constitutional Court (MK) and the Supreme Court (MA).

Former Chief Justice of the Constitutional Court Jimly Asshiddiqie suggested that instead of being able to evaluate the state officials they choose, it would be better to completely evaluate the involvement of the DPR in the selection and recruitment of public officials. This needs to be done so that the DPR can carry out its three main duties, namely legislation, budgeting, and oversight.

"The involvement of the DPR has now gone too far by interpreting the fit and proper test and other such processes as variations of the oversight function. Now, there are 1,787 officials who must be selected and chosen by the DPR. As a result, time and resources are reduced, causing the primary duties of the DPR to be neglected. Legislative products are becoming fewer. Meaningful public participation is also continuously decreasing," said Jimly.

Currently, the DPR is involved in the selection of 1,787 officials in 36 state institutions and commissions. According to Jimly, this has gone too far because the involvement of the DPR in the selection or appointment process of public officials according to the 1945 Constitution of the Republic of Indonesia is limited to seven institutions.

These include, among others, selecting three constitutional judges to then be sent to the Constitutional Court. While for the other six institutions, the DPR only has the right to confirm (right to confirm by giving approval or not) on the candidates proposed to them.

"Once it is determined, all (officials in related institutions-ed) are independent. They may not be intervened again, let alone recalled," said Jimly.

The DPR's efforts to expand its authority by evaluating and recalling state officials are already bad. However, according to the professor of constitutional law at the Faculty of Law, University of Indonesia, there is something even worse, namely that all public institutions that should be independent continue to experience politicization.

"Especially if it is continued with additional authority to evaluate and recall the officials concerned. Its independence will be increasingly damaged and politics will increasingly become the commander in all areas," said Jimly.

With this authority, he also reminded that democracy is only formalistic by only relying on the power of the majority of votes that are not necessarily true and fair. The mechanism of checks and balances is getting weaker, so it is not impossible that the quality of democracy and the rule of law will continue to decline.