[FULL] Buka-bukaan Mahasiswa UI soal Dasar-Pokok Perkara Gugatan UU TNI ke MK

Summary

A group of University of Indonesia (UI) students, led by their legal representative Rizal Biladina, have filed a formal petition with Indonesia's Constitutional Court challenging the revised TNI (Indonesian Military) Law. They argue that the law was passed without proper transparency, public access to drafts, or adherence to legislative procedures. Their focus is on the procedural flaws in the law’s creation, calling for a review of the entire process to ensure constitutional compliance. The students stress that their legal action is an inclusive movement aimed at upholding democratic principles and transparency in governance.

Takeaways

• 😀 The revision of Indonesia's TNI Law has sparked protests from various sectors, including civil society groups, academics, and students.
• 😀 A group of students from the University of Indonesia (UI) filed a formal challenge with the Constitutional Court (MK) against the law's revision.
• 😀 The focus of the lawsuit is on the formal process of how the TNI Law was drafted and passed, alleging procedural violations.
• 😀 The petitioners argue that the legislative process lacked transparency, as drafts of the law were not made available to the public.
• 😀 The DPR (Indonesian legislature) is accused of not following its own legislative procedures, including the failure to disclose the law’s draft to the public.
• 😀 The lawsuit claims that the process violated citizens' constitutional rights to access information related to the law’s formulation.
• 😀 The petitioners argue that the law was passed in a closed-door manner, undermining public participation and communication from the government.
• 😀 The students emphasize that their legal challenge is an inclusive movement that represents broader civil society interests, not just students.
• 😀 One of the key issues raised is the lack of public access to the law’s draft, which the petitioners claim was withheld by government officials.
• 😀 The legal team calls for the law to be declared invalid, and for any changes made by the revised law to be reversed, based on procedural and transparency violations.

Q & A

What is the main issue raised by the students from the University of Indonesia in their lawsuit regarding the National Armed Forces Law?

The students are challenging the National Armed Forces Law (Undang-Undang TNI) on the grounds of procedural flaws, particularly the lack of transparency in the drafting and approval process. They argue that the law was passed without proper public access to drafts, violating citizens' constitutional rights.

Why did the students choose to challenge the law through a formal lawsuit rather than other forms of protest?

The students chose to challenge the law through a formal lawsuit (uji formil) to address the fundamental issues of the law's creation process, particularly its procedural flaws. They believe this legal action will provide a more structured and impactful way to ensure the law adheres to constitutional principles.

What specific procedural issues do the students highlight in their lawsuit?

The students highlight several procedural issues, including the failure to publish the draft and academic papers related to the law, which they argue is a violation of the principle of transparency. They also criticize the lack of public involvement and the failure of the House of Representatives (DPR) to follow proper legislative procedures.

What is the significance of the failure to publish the draft of the law according to the students?

The students argue that the failure to publish the draft of the law undermines citizens' constitutional rights to access legislative documents and participate in the lawmaking process. This lack of transparency is seen as a direct violation of the public’s right to information and involvement in the democratic process.

What actions did the students take immediately after the law was passed by the House of Representatives?

Immediately after the law was passed, the students decided to file a lawsuit and press for the issue to remain in the public’s attention. They aimed to create public pressure on the government and the House of Representatives to ensure transparency and accountability in the lawmaking process.

How do the students view the role of the House of Representatives in this issue?

The students view the House of Representatives' role as deeply problematic because they believe the DPR failed to follow its own legislative guidelines. The students argue that the DPR, as the institution responsible for lawmaking, did not properly adhere to the procedures set out by the constitution and relevant legal frameworks.

What are the key points in the students' petition to the Constitutional Court?

The key points in the students' petition include: requesting the law be declared unconstitutional due to procedural flaws, stating that the law violates the Indonesian Constitution, and asking for the annulment of certain provisions of the law. They also request the court to ensure the decision is published in the state gazette.

What do the students want the Constitutional Court to do with the law if their lawsuit is successful?

If their lawsuit is successful, the students want the Constitutional Court to declare the law unconstitutional, void its provisions, and ensure that the proper legislative procedures are followed in the future. They also seek the re-establishment of previously removed provisions and an official publication of the court's decision.

What are the specific changes to the National Armed Forces Law that the students are concerned about?

The students are particularly concerned about the expansion of the military's roles into civilian functions and the extension of military officers' retirement age. These changes, they argue, are detrimental to the balance between military and civilian governance.

How do the students describe their movement, and what message do they want to convey to the public?

The students describe their movement as inclusive and representative of broader civil society. They aim to show that their legal challenge is not just about their interests, but about defending the democratic process and ensuring that the government is held accountable to the people.