Tatib Changed, DPR Can Remove MK Judges to KPK Commissioners at Any Time

JAKARTA, KOMPAS - The House of Representatives or DPR has made a lightning revision to DPR Regulation Number 1 of 2020 concerning Rules of Procedure, one of which opens up space for the DPR to periodically evaluate state officials they have chosen. The results of this evaluation could eventually lead to recommendations for dismissal.

The change in the rules is considered very fatal and damaging to the state system because the DPR's Rules of Procedure should only be able to regulate internal matters.

The proposal to revise DPR Regulation Number 1 of 2020 concerning the Rules of Procedure (Tatib) came from the DPR Ethics Court (MKD), Monday (3/2/2025). The MKD proposed that one article be added to the revision of the DPR Tatib, namely Article 228A.

The article states, in order to improve 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 meeting. 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 mechanism.

On the same day, the DPR leadership immediately held a Deliberative Body (Bamus) meeting to determine the discussion of the revision of the DPR Tatib at the DPR Legislation Body (Baleg). At the DPR Baleg, the discussion of the revision of the DPR Tatib was completed in less than three hours and all political party factions agreed to the changes to the DPR Tatib. The revision of the DPR Tatib was then ratified in the DPR Plenary Meeting on Tuesday (4/2/2025) afternoon.

With the ratification of the revised DPR Tatib, now all state officials appointed in the DPR plenary meeting can be evaluated by the DPR, including the leadership of the Corruption Eradication Commission (KPK), commissioners of the General Election Commission (KPU) and the Election Supervisory Body (Bawaslu), up to judges of the Constitutional Court (MK) and judges of the Supreme Court (MA).

Deputy Speaker of the DPR from the Gerindra Party Faction, Sufmi Dasco Ahmad, when met after the DPR Plenary Meeting, revealed that the purpose of inserting one article into the DPR Tatib was only to confirm the supervisory function that the DPR had so far carried out towards its working partners.

Through the changes to the DPR Tatib, the DPR also wants to reaffirm that under certain circumstances the results of the fit and proper test that has been carried out by the DPR can then be evaluated periodically, under the pretext of public interest.

Dasco did not rule out the possibility that state officials could be dismissed at any time if they were deemed no longer capable of carrying out their duties properly. For example, the official is sick. Later, the DPR has the authority to submit a recommendation to conduct a fit and proper test again for the state official.

"Well, this, right, then we have to do a fit and proper test, whether the person concerned can still carry out his duties properly. Well, if not, right, then we have to do a mechanism so that the person concerned can be replaced by someone more worthy in carrying out state duties," said Dasco.

Separately, the Chairman of the DPR Legislation Body, Bob Hasan, confirmed that one of the recommendations produced by the DPR could be the dismissal of the state official concerned. According to him, this is important to be done to state officials who are no longer performing well so that the DPR as an institution that also conducts fit and proper tests is not blamed by the public in the future.

"The goal is of course to maintain honor and also improve the supervision pattern. Because the supervision pattern is not immediately when the recommendation of the fit and proper test results has been given, it's gone. No. Well, the DPR as a representation of the people has the authority to supervise the performance of the executive," said the Gerindra Party politician.

Bob explained that later, the results of the evaluation of the state officials, as well as the results of the recommendations, will also be given to the authorized officials or agencies, including the President. Then, the authority is given to the President to follow up on the DPR's recommendations.

He also reminded that the recommendation results are binding, which means they must be obeyed by all parties. "That it turns out that later (follow-up to the DPR's recommendation results) is the President's authority, yes, the President is the one who continues and that was binding," he said.

Dean of the Faculty of Law, Brawijaya University, Malang, Aan Eko Widiarto, reminded that the DPR Tatib is a regulation that only applies to the internal DPR institution and is binding on DPR members. A person who has been appointed as a state official, such as a Supreme Court judge, Constitutional Court judge, and KPK commissioner, cannot be bound by the existence, regulations or norms contained in the DPR Tatib.

"If the DPR can reach them, this means that there has been intervention. It seems to me that the DPR has misunderstood its duties and functions in conducting a fit and proper test," said Aan.

The DPR's decision clearly contradicts the constitutional foundations stipulated in the 1945 Constitution. The DPR is actually seen as a superior institution or superbody. "Wow, this is a misconception that goes beyond what happened during the New Order era. This is really misguided and really unacceptable from a constitutional perspective," said Aan.

In fact, Aan continued, when state officials go through a fit and proper test in the DPR, it does not necessarily mean that they are the result of the DPR. Because, there is still administrative intervention that is declarative in nature carried out by the President through a Presidential Decree.

"Don't forget this. So it's as if, right, what the DPR understands is that if the fit and proper test has been carried out, then the DPR is the one that then produces the chairmen and members of the MA, MK, and KPK. That's wrong. The President's role is still there. If the President does not make a decision, then the results of the DPR's fit and proper test have no legal value," Aan stressed.

The DPR cannot act as if it is above state officials who conduct the fit and proper test in the DPR. In the constitutional order, especially after the constitutional amendment, the relationship between state institutions is based on their functions or functional interrelationship, not subordinate or structural.

The DPR needs to look at the fit and proper test of state officials as part of implementing the provisions of the law. Not based on the position of the DPR being higher than the state officials tested by the DPR.

Therefore, he hopes that all institutions including the DPR will return to the 1945 Constitution where each has its own duties. In sectoral laws, both the KPK Law and the MK Law, everything has been clearly regulated to what extent a MK judge or KPK commissioner can be dismissed.

"If, for example, they are sick, it means that they are not carrying out their functions, are not able to carry out their functions for six months. In fact, in the Constitutional Court Law, it is related to not attending a session or not attending several plenary sessions, they can be dismissed. The basis for that is not because of the DPR's Tatib, but the basis is the Law. So once again, this is certainly very fatal in the life of the state. We hope that as a country of law, we play by the law, not by power," said Aan.