Jakarta, Feb 21 (Antara) - President Joko Widodo is expected to soon sign the Legislative Law, locally known as MD3 Law, which has been approved by the House of Representatives (DPR) during its plenary session on Monday (Feb 12).
According to Bayu Dwi Anggono, who is the director of the Pancasila and Constitution Research Center of the Law Faculty of Jember University, the MD3 Law has several points, which have been rejected by the majority of the people.
However, the public cannot file a judicial review with the Constitution Court (MK) if the law has not yet been signed by the president and enacted into law.
"We hope the president will hear the aspirations of the majority of the public, which has rejected several points of the MD3 Law," Anggono was quoted as saying by Kompas.com on Wednesday (Feb 21).
The steps to be taken to follow up the public aspirations should be carried out through constitutional means and the country's state administration practices. Hence, according to Anggono, the president's move to avoid signing the MD3 Law immediately would hamper the public from filing a judicial review with the MK.
"Based on the MK Law of Procedure, the MK can only conduct a judicial review of a law if the law has been signed by the president and enacted into law," he noted.
However, the president would most likely avoid signing the MD3 Law.
"The president was surprised (to hear that the DPR had passed it into law). Therefore, I have to explain that the government is still looking at it. The president has not yet signed it, and most likely he will not sign it (MD3 Law)," Minister of Law and Human Rights, Yasonna H Laoly, remarked at the Presidential Palace on Tuesday (Feb 20).
During its plenary session on Monday (Feb 12), the House of Representatives agreed to the second amendment of the MD3 Law, with several changes.
The changes concern the addition of seats for legislative institutions' leaders, comprising three in the People's Consultative Assembly (MPR), one in the House of Representatives (DPR), and one in the Regional Representative Council. The other addition is the mechanism to summon state officials or members of the public, involving police officers, by force.
Yet, regardless of the fact that the president did not sign it, the law will remain to be effective, owing to the fact that a bill, which is not signed by the president, will remain to be in force 30 days after it is passed into law by the DPR.
"The law will automatically become effective even if it is not signed by the president. But it is all up to the president. I do not think he has that attitude (not to sign it, because it can be in force automatically)," Laoly explained.
There are several articles in the MD3 Law, which are on public spotlight. Article 245, for example, stipulates that the summoning of a legislator should get a written agreement from the president after he gets consideration from the House's Ethic Council (MKD).
Furthermore, based on Article 122, the DPR authorizes the MKD to take legal action and / or other measures against persons, groups, or legal entities that undermine the honor of the DPR and members of the DPR, whereas, based on Article 73, the DPR has the authority to summon state officials, legal entities, or citizens by force with hostage threats.
"But I have explained the background. This is a long dialogue. If I did not accept this, maybe there would be no MD3 approval. The political dynamism was fast, and so I agreed, as far as it concerns the contempt of parliament in doing its job," Laoly noted. But according to the minister, the immunity of the legislators is not without limit.
"There must be a limitation. Members of the House, in carrying out their duties, cannot be prosecuted, but there should be considerations from the MKD as there is a previous Constitutional Court decision which requires approval by the president. Hopefully, the filter is in the House, so that all the burdens do not necessarily reach the president, though he will eventually make the decision," Laoly elaborated.
In the meantime, House Speaker Bambang Soesatyo is confident that Widodo would sign the second revision of the MD3 Law.
"We are still convinced that the president will sign it. If eventually the president does not sign it, the law will still remain in force based on the existing mechanism," he remarked in Jakarta on Wednesday.
Soesatyo explained that based on the standing mechanism, the second amendment of the MD3 Law will remain in force starting next March, if the president does not sign it.
He revealed that the House's Legislation Body has deliberated on the second revision of the MD3 Law based on the mechanism involving the government.
"The law was deliberated by the House and government. I am sure the president will sign it. It will be in force in March," he added.
Soesatyo did not question the willingness of some quarters to file a judicial review against it in the Constitutional Court.
A judicial review will serve as a means of correction for the House, which is open to such a move. ***2*** (A014/INE)EDITED BY INE/H-YH(T.A014/A/BESSR/A/Yosep) 21-02-2018 19:56: |
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