PAKAR HTN BIVITRI SUSANTI BICARA SOAL WACANA PRESIDEN TIGA PERIODE - Podcast #276

Summary

In this engaging conversation, constitutional law expert Mbak Bivitri Susanti and Bang Arif discuss the controversial proposals for amending Indonesia's constitution, particularly regarding the reintroduction of the GBHN (Guidelines for the State Policy) and the potential for a three-term presidency. Mbak Bivitri argues that these changes are driven by political elites, not public demand, and would negatively impact democracy by concentrating power. The discussion also touches on the challenges of election law revisions, the impact of the COVID-19 pandemic on public focus, and the implications for Indonesia’s future leadership and governance.

Takeaways

• 😀 The discussion revolves around the potential constitutional amendment in Indonesia, particularly focusing on the fifth amendment and its connection to political elites rather than public demand.
• 😀 The idea of the amendment is seen as politically motivated, with little public concern over changing the constitution, as most people are more focused on daily issues such as corruption laws and labor laws.
• 😀 The potential amendment includes discussions on the revival of the GBHN (Guidelines for State Policy) and the possibility of extending the presidential term to three periods, which is being analyzed as potentially harmful to the country's democracy.
• 😀 The GBHN, if reintroduced, would have minimal legal impact in the context of the current presidential system, where presidents are directly elected and cannot be removed mid-term, unlike in the past.
• 😀 The proposal for a three-term presidency raises concerns about power consolidation, corruption, human rights violations, and hindering the growth of a new generation of leaders.
• 😀 Despite President Jokowi publicly stating he does not wish to pursue a third term, there is mounting pressure from political elites to push the agenda, similar to past instances under former President Soeharto.
• 😀 The constitutional process allows the MPR (People's Consultative Assembly) to amend the constitution without presidential involvement, raising concerns that political elites could manipulate the process to extend their influence.
• 😀 The pandemic is seen as a convenient excuse to distract the public and prevent them from actively engaging in discussions on constitutional changes, further weakening democratic participation.
• 😀 The government's inconsistent stance on electoral laws, particularly the postponement of the revision of the Election Law, leads to confusion and frustration among the public, as it contradicts previous decisions made during the 2020 pandemic period.
• 😀 The potential for the 2024 election to be chaotic due to simultaneous elections for various positions, including the presidential election and local elections, may result in a lack of focus on policy issues, reducing the quality of democracy and governance.

Q & A

What is the primary concern raised by the speaker about the proposed amendment to the constitution?

The speaker expresses concern that the proposed amendment is not a genuine public demand but rather a move driven by political elites. The lack of a significant political event to justify the amendment and the limited public interest in changing the constitution are highlighted.

What are the two main issues currently being discussed in relation to the constitution and democracy in Indonesia?

The two main issues are the potential reintroduction of the Haluan Negara (State Direction) as part of constitutional amendments and the proposed extension of the presidential term to three periods. Both are seen as detrimental to democratic principles and political stability.

Why does the speaker believe reintroducing Haluan Negara (State Direction) is unnecessary?

The speaker argues that Haluan Negara is redundant as the current development plans, such as the RPJMN (National Medium-Term Development Plan) and RPJP (Long-Term Development Plan), already serve the purpose of guiding national development. Additionally, with direct presidential elections, the president cannot be removed midway, making the Haluan Negara unnecessary.

What is the concern regarding the proposal for a three-period presidential term?

The speaker highlights two main concerns: the risk of power corruption due to extended rule, leading to possible human rights violations and corruption, and the stagnation of leadership, which could hinder generational change and the emergence of new leadership in Indonesia.

How does the speaker view the potential impact of the 2024 simultaneous elections on Indonesia's democracy?

The speaker is concerned that the simultaneous elections in 2024, which will combine presidential, legislative, and regional elections, will diminish the quality of democracy. There is a fear that the focus will shift to electoral strategy, with political parties prioritizing seat acquisition over governance and leadership capacity.

Why does the speaker believe the argument of focusing on the pandemic is inconsistent in delaying the revision of the election law?

The speaker points out the inconsistency in the government's argument for postponing the election law revision due to the pandemic. The government used a similar argument in 2020, but in 2024, the situation has improved, and the pandemic-related concerns are less pressing. The speaker suggests that the delay may be driven by political interests.

What does the speaker suggest about the government's manipulation of public focus during the pandemic?

The speaker suggests that the government may be taking advantage of the public's focus on the pandemic to push through controversial political changes, including constitutional amendments, without sufficient scrutiny or debate.

What is the potential issue with the proposal to merge the 2022 and 2023 local elections into 2024?

The speaker argues that merging the local elections with the presidential election in 2024 would result in an overly crowded election period. This could cause logistical issues, strain the electoral process, and potentially diminish the quality of voter participation and election oversight.

How does the speaker view the role of political elites in the current constitutional debates?

The speaker believes that the political elites are driving the current debates and changes, rather than the general public. This reflects a broader concern about the concentration of power among elites and the potential erosion of democratic processes.

What does the speaker warn could happen if the political elites successfully manipulate the constitutional amendment process?

The speaker warns that if the political elites succeed in manipulating the constitutional amendment process, it could result in a re-consolidation of power among political elites, undermining democratic principles and weakening the political system's accountability to the people.