Daniel Yusmic Discusses government regulations in lieu of law review in Undiknas Bali
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Constitutional Justice Daniel Yusmic P. Foekh delivered a general lecture regarding government regulations in lieu of law review in the Constitutional Court (MK) in Universitas Pendidikan Nasional (Undiknas), Denpasar, Bali (15/2/2024). Photo: MKRI


BALI (MKRI) — Constitutional Justice Daniel Yusmic P. Foekh, Friday, February 16, 2024, delivered a general lecture regarding government regulations in lieu of law review in the Constitutional Court (MK) in Universitas Pendidikan Nasional (Undiknas), Denpasar, Bali. The event was held at the Theatre Room of the Law Faculty and packed with university students and lecturers; also present was the Dean of Law Faculty of Undiknas, Ni Nyoman Juwita Arsawati.

Starting his general lecture, Daniel explained MK’s authorities generally. In his opinion, MK has the authority to review laws towards the 1945 Constitution, decide on disputes between state institutions, dissolution of political parties, disputes over general election results, and MK is also obliged to determine on legislators’ opinions regarding the alleged violation of the President and/or Vice President.

“Later, MK also has the authority to review government regulations in lieu of law commonly called Perpu. This authority is based on MK decision No. 138/PUU-VII/2009. Besides, MK also has additional authority to decide disputes over regional election results based on MK Decision No. 85/PUU-XX/2022,” Daniel explained.

Further, Daniel also explained the concept of emergency constitutional law. In his opinion, as doctrine, the distinction between ordinary and emergency constitutional law is commonly known as constitutional dualism. Citing John Ferejohn and Pasquale Pasquino, Daniel said that under constitutional dualism, there should be a distinction in regulating the legal system that applies separately during an ordinary and emergency.

Aside from that, Daniel also explained the constitutional regulation of Perpu under the Indonesian Constitution. In his opinion, under the United Republic of Indonesia (RIS) 1945 Constitution and Temporary Constitution of 1950, the term used was not Perpu but emergency law instead. The requirement to pass the emergency law is if “there was an urgent situation.” Meanwhile, based on the 1945 Constitution, the prerequisite to pass Perpu is if a compelling urgency was present.

With this requirement, there should be a compelling urgency; Perpu must be excluded from ordinary constitutional law and belong to emergency constitutional law. It is because the mechanism of its enactment and the implementation of the Perpu is immediate since the President signs it,” Daniel explained.

For this reason, Perpu should be placed under the emergency constitutional law, in his opinion, based on his dissertation research, perpu should be removed from the sequence of statutory regulations since it emerged from emergency constitutional law. Consequently, perpu should not be present under the sequence of statutory regulations, as other types of regulations, such as Laws, government regulations, etc. It has to be excluded and enacted should there be a compelling urgency.

Further, Daniel presented several data regarding Perpu from 1945 until the present. Based on the data, President Soekarno has the most Perpu passed under his administration.

Perpu was mostly passed during President Soekarno's era. It could be understood because it was in a state of emergency. Based on my research, the state can only be called normal after the election in 1971, in which the position of state institutions, such as MPR-DPR, was filled permanently,” Daniel explained.

Moreover, Daniel explained that presidents no longer passed many Perpus after the President Soekarno era. In his opinion, besides President Soekarno, President Susilo Bambang Yudhoyono also passed the most Perpus. During his administration, he passed 19 Perpus.

On this occasion, the Dean of Law Faculty of Undiknas, I Nyoman Juwita Arsawati, during her remarks, delivered gratitude to Constitutional Justice Daniel Yusmis for his presence and willingness to share his knowledge and experience with students and academics of Undiknas’ Law Faculty. She believed that his opportunity was rare, so it had to be taken advantage of well by students and lecturers.

“Allow me to say that I wish students of Undiknas’ Faculty of Law to be allowed to visit MK and even further have a chance to do their internship in MK,” she said.

Author       : A. Ghoffar
Editor        : Lulu Anjarsari P.
Translator  : Rizky Kurnia Chaesario (NL)

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


Friday, February 16, 2024 | 10:26 WIB 235