lawmakers
to pay more attention to the voices of community groups, the majority of whom do not have access to influence political policies and public opinion. So the people's representatives who have been carried by the community as in the Indonesian democratic system, in the process of making laws should pay attention to the interests of the majority of the people, and understand the norms and rules needed by the people so that these values are contained in positive law. The configuration of democratic politics or legal politics in Indonesia is highly anticipated in the political order so as to create a responsive legal product.
Can Law Limit Politics? Politics is always associated with power, because in its concept politics is an effort to maintain power. Therefore, it is not uncommon for law to be put aside in order to maintain power. This raises the question of whether law can limit politics? Historically, many statutory regulations have been changed simply to maintain power. In 2017, there was a statutory regulation which, according to the author, was very detrimental, namely Law Number 7 of 2017 concerning Elections which regulates the presidential threshold or
parliamentary threshold
(parliamentary threshold) to 20 percent. presidential threshold These regulations were enacted in the 2019 elections. This means that political parties must have 20 percent of the DPR seats or 25 percent of the valid votes in the 2014 elections to nominate a pair of presidential and vice presidential candidates in the 2019 elections. presidential threshold ideally, it should be 0 (zero) percent. Furthermore, this parliamentary threshold also constitutes a violation of the constitution, namely Constitutional Court Decision Number 14/PUU-XI/2013 and Article 6A paragraph (2) of the 1945 Constitution, which stipulates that nominating a president is the right of every political party. The existence of this presidential threshold seems to be a bargaining (bargaining) between stakeholders and the government.
Not only in the political context of elections, but beyond that. In 2020, the government launched the Job Creation Law in the form of an Omnibus Law. This regulation caused controversy in various circles. This year, many demonstrations were carried out by students to reject this Job Creation Law. Amnesty International at that time argued that the regulation had the potential to violate Human Rights (HAM), and was also contrary to the principle of non-retrogression in international law. The Job Creation Law was also deemed conditionally unconstitutional by the Constitutional Court in Decision Number 91/PUU-XVIII/2020, which must be revised within 2 years.
Two years later, at the end of 2022, there was a special gift from the government that went viral in society. The Constitutional Court's order to revise the Job Creation Law should have been comprehensively revised as the government's responsibility. However, the government instead issued Government Regulation in Lieu of Law (Perppu) Number 2 of 2022. This shows that there is poor legislative governance for the government, like a disease in constitutional politics. In fact, juridically, the issuance of a Perppu should pay attention to the conditions, one of which is a reason for compelling urgency. The Constitutional Court's decision also does not describe a reason for compelling urgency.
Speaking of the relationship between politics and law, this writing reminds the author of the 2024 elections that have recently caused a stir in society. Starting from the beginning to the middle of 2023, as many as 11 petitions were submitted to the Constitutional Court, all related to changes in the age limit for presidential and vice-presidential candidates. All of these lawsuits were rejected except for petition number 90/PUU-XXI/2023 by Almas Tsaqibbirru Re A, a student at the Faculty of Law, University of Surakarta (UNSA). What is unique is that the petition contained information about Gibran Rakabuming Raka, Mayor of Solo 2020-2025. The petitioner is an admirer of the Mayor of Solo because he is considered to have a good work ethic so that he can advance the city of Solo even though he is under 40 years old.
After the decision, the Constitutional Court was reported to the Constitutional Court Honorary Council (MKMK). As a result, the MKMK in decision Number 2/MKMK/L/XI/2023 argued that the decision-making in the case had proven that Anwar Usman had violated the behavior and code of ethics as a constitutional judge. The sanctions given were in the form of dismissal from his position as Chief Justice of the Constitutional Court, and he was also not allowed to become a candidate for Chief Justice of the Constitutional Court until the end of his term as a constitutional judge and was not allowed to interfere in decision-making related to the General Election Results Dispute (PHPU).
The discussion above is certainly an overview of law and politics in Indonesia, regarding which is more determinant between law and politics. Actually, law is a real vision in accordance with applicable norms or rules, which is coercive. This means that if someone makes a mistake and violates the law, then they should be punished, but if the violation of the law is not proven, or indeed the person did not make a mistake, then they should be free from the threat of law.
A different view when talking about politics, which is basically a realm of interests, “politics is a goal attainment” which means that politics is a tool to achieve goals. This also means that politics as a tool certainly has the risk of being used illegally, like a knife that should be used to cut apples, but is actually used to kill. So it is not uncommon for someone to take illegal paths in politics as long as that path can achieve their goals or interests.
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