The makers of the law, both in the House of Representatives and the government, if it wants to make a law must be the basis of a clear philosophy. Because the results of the product in the form of laws rated good if predictable early law benefits all parties, and does not contain any conflicts of interest in the manufacturing process.

Thus the narrative of Vice Chairman of the Constitutional Court (MK) Ahmad Sodiki as a speaker in a program titled Pillars of Democracy "Deploy Pro Law of the People" in KBR68H and TempoTV, Jakarta, Monday (26/11) night. "Philosophy (make law) basically have to handle," said Sodiki.

Sodiki also added that if there are people, both individuals and groups who feel the law does not contain an element of interest or favor of the public can apply to the Court. Later with the constitution, it will be canceled or contrary to the Constitution, 1946. "The law often contain conflict of interest, the Court canceled," said Sodiki. In a program broadcast live via radio to all the remote areas of Indonesia, Sodiki also outlines the intricacies related to why the provisions contained in the Act was canceled by the Constitutional Court. According to him, the Court was canceling the articles that are listed in the law suit in the field. Such as in the fields of politics, he said, the first legislative election law stipulates that electability must be a member of the legislature based on serial numbers.

But after a petition to the Constitutional Court, said Sodiki, a member legislative provisions numerical order was canceled, and turned into the most votes. "The law originally based on the serial number, but the Court has the greatest voice of those who were nominated," he explained.

Sovereignty of the People

In the decision, further Sodiki, the Court tried to appreciate the sovereignty is in the hands of the people, instead of being on the leaders of political parties. "This means that the Court tried to appreciate the sovereignty of the people," he explained. "So that you want most is the most awarded in the nomination of a member of the legislature," said Sodiki again.

Concerning Act on Labor, Sodiki said that outsourcing provisions adopted in Indonesia makes the fate of the workers or the right to life is uncertain. "Therefore, the Court thinks that this issue raises legal uncertainty to the community. In a sense there is no guarantee of the rights of the workers live, "he explained.

Furthermore, he said, the Supreme Court also affirmed that "the job if there is not continuous in-outsourced, but it should be a permanent job. "On the contrary, if the job is limited time, it may well be outsourced." 

Other resource persons are also present in the talk show. They are the Deputy Chairman of the Legislative House of Representatives Anna Muawanah, and Senior Research Society Monitoring Forum Indonesian Parliament (Formappi) I Made Leo Wiratma. In the narrative presented by Anna, The law made by the Parliament and the Government did not just call all stakeholders (related parties) but also inviting academics.

Responding to the question of why the Act has been made frequently sued to the Constitutional Court, Anna said that making a policy there must be something to be straightened out, and did not rule out there being harmed. In fact, many laws have for years covered by the government and the parliament has not been completed as yet no agreement. (Shohibul Umam / mh/Yazid.tr)