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The Petitioner’s expert Said Didu giving a statement in the judicial review hearing of Law No. 2 of 2020 on the State’s Financial Policy and Fiscal Stability for the Mitigation of the COVID-19 Pandemic virtually, Monday (7/12/2020). Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—To mitigate the COVID-19 pandemic that the world has been fighting for the past few months, the Government issued the Government Regulation in Lieu of Law (Perppu) No. 1 of 2020. It was supposed to receive House (DPR) approval in the following session, not in the same session as it was issued.

“The ratification of the a quo perppu did not only seem hasty, but also violated the Constitution,” said Mustafa Fakhri as an expert for the Petitioner of case No. 45/PUU-XVIII/2020 on the judicial review of Law No. 2 of 2020 on the Government Regulation in Lieu of Law No. 1 of 2020 regarding the Stipulation of the State’s Financial Policy and Fiscal Stability for the Mitigation of the COVID-19 Pandemic on Monday, December 7, 2020.

Apart from all the controversy, Mustafa added, the perppu has also transformed into Law No. 2 of 2020, thus its material also potentially violates constitutional practice in Indonesia. The contents that may potentially violate the Constitution are found in Articles 12, 27, and 28.

He believes the law potentially gives the president an absolute power in lawmaking as Article 12 allows the president to issue the APBN (state budget and expenditure) only through a perpres (presidential regulation). This, he believes, disregard the concept of checks and balances that is essential for a democracy. The president will be able to decide state budget arbitrarily without the people’s involvement through the House when in fact the Reform 22 years ago had fought executive absolutism. “It is, therefore, unique that the House let go of this essential authority in the democratic life,” he added at the hearing led by Chief Justice Anwar Usman.

Article 27 of Law No. 2 of 2020 eliminated the constitutional supervision by the House and the judiciary and give public officials immunity despite violations during the COVID-19 mitigation, including those that use state budgets. Under the law, all decisions by public officials cannot be sued in the administrative court (PTUN). This violates Article 1 paragraph (3) of the 1945 Constitution, which states that Indonesia is a law-based state, and the principle of the rule of law where equality before the law is one of its important elements.

He also said the changes to the State Finance Law and the MD3 Law (Law on the MPR, DPR, DPD, and DPRD), which have serious impacts as they get rid of the House’s involvement in formulating the APBN. The changes to the 2020 APBN through perpres have been executed through the issuance of Perpres No. 64 of 2020. The elimination of public involvement, by extension the sovereignty, has violated Article 23 paragraphs (1), (2), and (3) of the 1945 Constitution.

At the same hearing, Said Didu, an expert for the Petitioners of case No. 75/PUU-XVIII/2020 said Law No. 2 of 2020 violated the 1945 Constitution for eliminating the House’s budget right, which is essential for accountability to the people, and giving state administrators immunity. It also eliminated evaluation to annual APBN, bypassing the provision that budget deficits must be discussed annually.

He added that the law disregards the rule of compelling crisis situation. “Not to mention, the existence of Zoom [makes communication] more effective,” he said. He also said there is no elaboration on COVID-19 mitigation. Instead, there is more focus on economic recovery. In addition, the Government was openly inconsistent in enacting the Health Quarantine Law in COVID-19 mitigation efforts.

Also read:

NGOs and Researchers Challenge COVID-19 Law

Petitioners of COVID-19 Law Reaffirm Arguments

Village Funds Delayed, Two Village Chiefs Challenge COVID-19 Law

Sri Mulyani: COVID-19 Law Protects the Public

House: Ratification of COVID-19 Law, Legal Basis of Financial Authority 

Expert: Budgeting during Emergency Must Be Transparent and Accountable

Abdul Chair Ramadhan: COVID-19 Law Violates Criminal Justice System

Witness: COVID-19 Referral Hospitals Lacking Facilities

Petitioner’s Expert: COVID-19 Law Violates Lawmaking Procedure

Writer: Utami Argawati
Editor: Nur R.
PR: Fitri Yuliana
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 12/08/2020 17:37 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.

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