The twilight of the rule of law

Lina Portman4 weeks ago

0 6 minutes read

For at least five years, legal damage has occurred one after the other, destroying the foundations of the rule of law, whether judicial independence, regularity of justice, justice for all, access to legal aid or the existence of legal products (regulations). legislation), that is to say fair and fair.

Nowadays, justice is becoming expensive and difficult to obtain. In a sarcastic tone, it is said that the law is harsh below but brutal above.

The overthrow of the Constitutional Court is another example of the destruction of the rule of law.

The reform notably gave birth to the Corruption Eradication Commission (KPK) and the Constitutional Court (MK). During the first two decades of the presence of the Corruption Eradication Committee and the Constitutional Court, we saw that the rule of law found its place of honor.

The issue of air pollution is not new. The community has been threatened by air pollution for a long time. There is also extensive research data demonstrating the threats posed by air pollution impacts. However, this has not yet resulted in significant efforts to control air pollution. As a result, residents increasingly suffer from air pollution. As a bulldozer that eliminates corruption from the judiciary and other law enforcement agencies, the Corruption Eradication Commission (KPK) and the Constitutional Court (MK), as the sole guardians and interpreters of the constitution, eliminated many corrupt officials and declared many legislative provisions incompatible with the Constitution. We see a glimmer of hope at the end of the dark tunnel and we see the sun not hidden by clouds.

Worldwide, the KPK (Corruption Eradication Commission) and MK (Constitutional Court) are considered success stories in a country transitioning from an authoritarian New Order government to a more democratic and law-abiding government.

The pillars of the rule of law are restored and firmly established in this land of Pertiwi. Suddenly we see a new Indonesia, one that all citizens are proud to be a part of.

The majority of people believe that the reform is still in progress and that Indonesia will become a great and respected country in the world, not only because Indonesia is a large country with a population of 280 million and resources abundant, but also because of the harmony between Islam and modernization and preservation of religious pluralism and belief.

All this can be called hard power And gentle power which also determine geopolitical changes. Immediately, the success of the reform and the existence of institutions such as the Corruption Eradication Committee and the Constitutional Court became an achievement that was examined by many countries.

Unfortunately, civil society seems to be feeling complacent (complacent) and is not attentive to weasels in sheep's clothing or those in democratic robes who enter the political system, control political institutions, run for office and also use legal institutions to gain legal validity.

Today, they are not all on the front line. They are humble enough to be in the middle or the back, but they control the political game that controls every aspect of life. This is also happening slowly.

Now, to further weaken the KPK, it is widely reported that the KPK will merge with the Indonesian Ombudsman.

Overthrow of the Corruption Eradication Committee and the Constitutional Court

The weakening of the Corruption Eradication Commission (KPK) is the most perfect example of the failure to eradicate corruption which was once an icon of reform. Ironically, the eradication of corruption is still only a rhetoric, but the eradication of corruption has become a task that is no longer the focus of corruption, but rather openly shows the related loss of spirit to the eradication of corruption.

Various efforts to weaken the Corruption Eradication Commission (KPK) have been made through material testing of the KPK law, threats of budget cuts, withdrawal of investigators, selection of commissioners deemed weak in their integrity and , above all, the intense sabotage through behind-the-scenes political ploys.

The 2019 revision of the Corruption Eradication Commission (UU) Act was the culmination of a reversal that effectively stripped away much of the Corruption Eradication Commission's authority, leaving it causing one to lose one's mind. Since then, the Corruption Eradication Commission (KPK) has lost its prestige and the eradication of corruption, especially for big cases (great corruption), was transferred to the Attorney General's Office.

If we carefully observe what is happening, it is clear that what is being done at the Corruption Eradication Commission (KPK) aims to return to the times before the reform, namely to postpone the eradication of corruption in the hands of the Attorney General's Office and the police. Isn’t that what many politicians and political parties have always wanted?

Currently, in an effort to weaken the Corruption Eradication Commission (KPK), it is widely reported that the KPK will merge with the Indonesian Ombudsman. If this happens, it will complete the deflation of the KPK and the eradication of corruption.

The dissolution of the Constitutional Court is another example of the destruction of the rule of law in the country. We all know that the Constitution is the highest fundamental law of a country and it must be protected against any violation or manipulation.

This is why the Constitutional Court was created at the beginning of the reforms. The idea of creating a Constitutional Court was included in an amendment to the Constitution of 1945 with a very clear mission: the guardian of the constitution, in the sense of ensuring that all legislative products are not contrary to the constitution, so that political parties are dissolved. carried out by the Constitutional Court, as well as the resolution of disputes between state institutions and presidential elections.

Why is it centralized in the hands of the Constitutional Court? Because all of the above relates to the constitutional rights guaranteed by the 1945 Constitution. The authority of the Constitutional Court is limited, final and binding. There is no appeal against the decisions of the Constitutional Court. Therefore, the guarantee of the existence of the rule of law is very strong, and ideally no decline of the rule of law can occur.

For two decades, the MK performed its functions well, although here and there there were several complaints about irregularities committed by the MK. This deviation can be calledtolerable deviation Or tolerable error. Aren’t the judges of the Constitutional Court also imperfect humans?

The fall of the KPK is the most perfect example of the failure to eradicate corruption, once used as an icon of reform.

However, we have recently noticed that the Constitutional Court has committed deviations that worry us all. We know the Constitutional Court as a negative legislator, in the sense that it simply declares that the law examined is or is not contrary to the Constitution.

However, it is not uncommon for the Constitutional Court to appear as a positive legislatoras happened in Decision No. 90 of the Constitutional Court which established new standards for determining the age of presidential candidates (capres) and vice-presidential candidates (cawapres).

Unfortunately, this happens in the context of nepotism or illicit relationships with those in power. This tarnishes the image of the Constitutional Court and puts it at a low ebb.

The Supreme Court (MA) did the same in its ruling regarding the age limit for governor and deputy governor candidates, where it ordered the KPU not to impose an age limit of 30 years for governors and vice-governors at the time of determining candidates.

The determination of the age of candidates for governor and vice-governor is carried out at their inauguration. It is clear that there is some trickery behind all this, since the MA's decision was made to allow the president's son to become governor.

Likewise with Decision No. 90 of the Constitutional Court which was issued to allow the president's child to become a vice-presidential candidate. No wonder an image showing that the Constitutional Court is for their older brother, while the Supreme Court is for their younger brother, appeared on social media.

We see here that the Constitutional Court and the Supreme Court have lost their independence, not to mention that they are subject to the interventions of power, because it is those who are in power who wanted the birth of decision MK n°90 and so on. -above. – decision of the AMM mentioned.

Weakening of the political triad

What lessons can we learn from all of the above? The answer is simple, namely the weakening of the separation of powers (trias politica), where the heavy executive is dominant again.

It can also be said that the DPR is in the shadow of the executive branch. In fact, in some ways, the DPR reminds us of the New Order era, which played the role of a token of power.

What does all this mean for the rule of law? Unfortunately, we must note that what we call “the rule of law” or rechtsstaat suffers damage from the inside. Rule of law is still spoken, but what exists is rule by law Andreign of men.

In the book Rule of law by Pietro Costa and Daniele Zolo, it is said that “Even in the most perfect republic of laws, it is the men (and not the laws that govern) and the interpreters (and not the legislatures) who are sovereign.“. In accordance with what is written above, it can be said that judges are also not sovereign or powerful. Those who are called interpreters exist outside the DPR and the Constitutional Court (and also the Supreme Court).