Upaya Hukum Undang-Undang TNI, Pakar Hukum Bivitri Sebut Akan Gugat ke Mahkamah Konstitusi

Summary

The transcript discusses the legislative process surrounding Indonesia's TNI Law, focusing on its controversial approval and the involvement of students and civil society in opposing it. The law, which is nearing formalization, has faced criticism for a lack of transparency and participation in its creation. The speaker highlights the legal options available, particularly the potential for a Constitutional Court challenge based on procedural concerns. While the process remains contentious, there is cautious optimism about the court’s potential role in upholding participatory principles, referencing previous rulings on similar issues.

Takeaways

• 😀 The formal process for passing the TNI Law is near completion, but several other efforts like campaigns, protests, and discussions have been ongoing.
• 😀 The formal approval process requires the President's signature within 30 days, but there are indications that it will happen before the deadline.
• 😀 Despite the impending formalization of the law, students are already taking legal action by filing a petition with the Constitutional Court (MK), showing their strong opposition.
• 😀 The legal action reflects the anger of students and their desire to prevent the law from passing, while also keeping the public discourse active.
• 😀 The petitioners are challenging the transparency and participatory nature of the legislative process, claiming that it did not meet constitutional and legal standards.
• 😀 The Constitutional Court's ruling will focus on whether the law-making process was participatory and transparent, as required by Indonesia's legal framework.
• 😀 The legal action could face obstacles, such as the need to withdraw the petition once the law is passed and refile it under the appropriate legal conditions.
• 😀 The petition to the Constitutional Court may include both material and formal challenges, addressing the content and the process of the TNI Law's formation.
• 😀 The petitioners argue that the process was not participatory enough, citing the limited number of invited stakeholders and the absence of a draft for public review.
• 😀 If the Constitutional Court upholds previous rulings on participatory law-making, there is a chance that the petitioners’ request may be granted.

Q & A

What are the different efforts mentioned in the script regarding the TNI Law?

The script mentions various efforts, including formal actions like continuing protests, campaigns, media coverage, and discussions. It emphasizes that these efforts aim to influence the process and raise awareness about the TNI Law.

What is the role of the President in the process of making the TNI Law official?

The President plays a crucial role in signing the bill into law within 30 days. The script mentions that the President's signature is required for the law to be officially enacted, and this process is expected to be completed smoothly, even if it takes the full 30-day period.

Why does the script suggest that a Perpu (government regulation in lieu of law) is unlikely?

The script argues that a Perpu is unlikely because it requires the President’s decision, and politically, the current administration, under President Jokowi and his successor Prabowo, is unlikely to issue such a regulation. The script compares this to the situation when the KPK Law was revised under Jokowi’s administration.

What is the significance of the students filing a petition with the Constitutional Court (MK)?

The petition reflects students’ frustration and strong opposition to the TNI Law. It highlights their deep concern and desire to take all possible actions to prevent the law from being enacted. The petition also aims to keep the public discourse active about the law’s development.

What concerns does the petition to the Constitutional Court address regarding the TNI Law?

The petition addresses concerns over the transparency and participation in the law-making process. It argues that the process was not inclusive and did not comply with the Constitution or the law on legislative procedures (UU P3).

How does the script describe the process of public participation during the legislative process?

The script criticizes the process for being manipulative and not genuinely participatory. While some civil society groups were invited, it was after a protest, and the process lacked transparency, as the draft law was not shared with the participants before discussions.

What does the script say about the legitimacy of the law-making process?

The script suggests that the law-making process violated the principles of participatory democracy. It points to the lack of proper consultation, with only a select few being invited to participate and the absence of an official draft, which is required by law.

What does the script predict regarding the chances of the Constitutional Court accepting the petition?

While the script acknowledges that the petition's chances are uncertain, it suggests that if the Constitutional Court follows its previous rulings, especially regarding the importance of meaningful participation in legislative processes, the petition may be successful.

What does the script say about the procedural issues related to the Constitutional Court petition?

The script mentions that once the TNI Law is officially enacted, the petition must be withdrawn and refiled, as the object of the petition will have changed from a bill to an actual law. This could complicate the process of legal review.

What broader political implications are discussed in the script regarding the TNI Law?

The script highlights the political context in which the TNI Law is being enacted, with tensions between the executive, the military, and civil society. It reflects the broader struggle over power, transparency, and participation in the legislative process.