Sejarah Munculnya Istilah Perppu dan ‘Cermin’ Subjektivitas Presiden

This news has been viewed 3,400 time
Hukum Online – Since the promulgation of July 2017 then, Government Regulation in lieu of Law (Perppu) 2 Years 2017 on Amendments to Law No.17 Year 2013 on Civil Society Organizations (CSOs) still being debated in some circles. Even, some CSOs try to test the regulation had to the Constitutional Court (MK).

Since the era of his reign, President Joko Widodo (Jokowi) known to have been issued four Perppu. First, Perppu 1 Year 2015 on the Amendment of the Law No.30 Year 2002 Commission governing the appointment of temporary leadership of the Commission after the establishment of two KPK leaders, Abraham Samad and Bambang Widjojanto as suspects.

Second, Perppu 1 Year 2016 on the Second Amendment to Law No.23 2002 on Child Protection, or better known as “Perppu gelding”. Third, Perppu 1 Year 2017 on Access to Financial Information for the Benefit of Tax. Newsletter is “Perppu Organizations” who is now busy to be tested to the Court.

When you see the basis for the issuance of the Perppu fourth, certainly all refer to Article 22 sentence (1) Constitution 1945. Similarly, the previous regulation has-Perppu. Article 22 sentence (1) Constitution 1945 read : “In matters of urgency that forces, The President has the right to issue government regulations in lieu of law“.

Nah, before entering the discussion “Happenings crunch forcing”, how the beginning of the emergence of the term regulation has in the order of law? If according to the Faculty of Law of the Catholic University of Atma Jaya Daniel Yusmic P Foekh, thinking about regulation has actually been around since before 1945.

“It was thinking about this regulation had Supomo. Year 1942, Supomo, Soebardjo, and Maramis childbirth (draft) Constitution. That Article 5 draft (Constitution) on Presidential. While, we see in the Constitution 1945 pada waktu pembahanan di BPUPKI yang Panitia Kecil-nya juga Soepomo, justru Soepomo memasukan Pasal 5 itu ke dalam Pasal 22 di dalam Bab DPR,” he said.

Lantas, hukumonline mencoba menelusuri sejumlah literatur klasik untuk mencari draf UUD Prof Dr Mr Soepomo, Mr A Soebardjo, dan Mr AA Maramis yang dibuat tahun 1942. Ternyata draf itu dilampirkan dalam bukuNaskah Persiapan UUD 1945 disiarkan dengan dibubuhi catatan oleh Prof Mr H Muhammad Yamin” (1959, Penerbit : Jajasan Prapantja).

Draf UUD yang disusun Soepomo, Soebardjo, dan Maramis tanggal4 April 1942 seperti diperoleh dalam naskah peninggalan Prof Dr Mr R Soepomo itu diberi namaRantjangan Permulaan dari Undang-Undang Dasar Negeri Indonesia”. Rancangan tersebut terdiri dari 11 BAB dan 74 Article, termasuk aturan-aturan perantaraan (overgangs bepalingen). Berikut rumusan Pasal 5:

Rantjangan Permulaan dari Undang-Undang Dasar Negeri Indonesia
Article 5
If there is an urgent need to guard public safety or prevent the general chaos and if the House of Representatives is not in session, Head of State to make rule-ruleReplaced the government as law.
Aturanpemerintah such rules must be submitted before the next conference of the House and if the body is not agreed upon rule-aturanitu, then the government must explain bahwaaturan-aturantadi not apply to the times to come.
Source : “Naskah Persiapan UUD 1945 disiarkan dengan dibubuhi catatan oleh Prof Mr H Muhammad Yamin

Not only Article 5 which sounds very similar to Article 22 Constitution 1945. There is also the formulation of Article 11 “Rantjangan Permulaan dari Undang-Undang Dasar Negeri Indonesia” that is nearly identical to the provisions of Article 12 Constitution 1945 the authority of the President to establish a state of emergency.

Article Summary 11 question is “Head of State set the country in a war situation. The qualifications and the consequences of the war should be set co-existence legislation”. While, sound Article 12 Constitution 1945 : “The President declared a state of emergency. SCreate-requirementand as a result thereof shall be prescribed by law“.

Besides Supomo, Muhammad Yamin, in attachment “Naskah Persiapan UUD 1945 disiarkan dengan dibubuhi catatan oleh Prof Mr H Muhammad Yamin”, recorded once delivered “Draft Constitution of the Republic of Indonesia” which has not been given the number of article and figures in BPUPKI date 29 May 1945.

even so, not stated specifically whether the formula in “Rantjangan Permulaan dari Undang-Undang Dasar Negeri Indonesia” Supomo Muhammad Yamin et al or design that are adopted in the draft Constitution during discussions at meetings of Committee for Preparatory Work for Indonesian Independence (BPUPKI) and the Committee for Indonesian Independence (PPKI).

Yet, by Book I: Revised Edition: Comprehensive manuscript Constitution Amendment 1945 (2010, Secretariat General and Registrar of the Court) Prof Dr Mr R Supomo was appointed as head of the Small Committee by the Committee for the Basic Law to expedite the completion of his duties, including formulating the constitution law.

as known, April 1945, Japanese occupation government formed a Committee for Preparatory Work for Indonesian Independence (BPUPKI) or in Japanese is called Dokuritzu Zyunbi Tyoosakai. BPUPKI led by Dr. KRT Radjiman Wediodiningrat. BPUPKI is also preparing a draft Constitution of the Republic of Indonesia (RI).

BPUPKI form the Basic Law Committee, chaired by Ir Soekarno to draft the Constitution torso. Basic Law Committee was also re-form the Small Committee led by Prof. Dr. Mr Supomo, and composed of Mr Wongsonagoro, Mr A Soebardjo, Mr AA Maramis, Mr. Mendes R Hery, H Agoes Salim, and Dr Soekiman.

hukumonline trying to trace collection “Risalah Sidang BPUPKI-PPKI tanggal 28 May 1945-22 August 1945” RI State Secretariat published in 1995. Berdasarkan risalah tersebut, Prof Dr Mr Supomo who is Chairman of the Small Committee submitted its report in the Basic Law Committee Meeting date 13 August 1945.

Post reports Prof. Dr. Mr Supomo, a debate about some of the article to the “Basic law” (then replaced Supomo into Constitution), until finally agreed on a draft constitution. This draft constitution is attached to the Language Committee Refining consists of Djajadiningrat, Salim, and Supomo.

In the draft Constitution, formulation of Perppu and danger set out in Article 23 and Article 10. Here's the formula:

The draft Constitution in the design of the Constitution Committee Meeting date 13 August 1945
Article 23
(1) In matters of urgency to force, The President has the right to issue government regulations in lieu of law
(2) Government regulations must be approved by Parliament in the following trial
(3) If agreement can not be found, government regulations shall be revoked
Article 10
The President said “martial law”. Terms syaratdan result staat van Beleg prescribed by law.
Source : “Risalah Sidang BPUPKI-PPKI tanggal 28 May 1945-22 August 1945”

Once through the Committee Smoother Language, the draft Constitution was discussed in the meeting of the BPUPKI date 15 July 1945. At that time, Prof Dr Mr Supomo change terms “Basic law” became constitution. On 16 July 1945, BPUPKI again held a big meeting to continue discussion of the draft Constitution. A draft of the Constitution was accepted by the Meeting BPUPKI.

Given that the task has been completed BPUPK, Japanese occupation government formed PPKI. Still in the group “Risalah Sidang BPUPKI-PPKI tanggal 28 May 1945-22 August 1945”, a day after the reading of the Proclamation of the Republic of Indonesia, PPKI held a major meeting on 18 August 1945 led by Sukarno.

Soekarno “throw” article by article the draft constitution to be discussed in a large meeting dates 18 August 1945. In the draft Constitution it, Article layout 23 and 10 has been changed to Article 22 and 12. The term Dutch “martial law” used in Article 10 has also been changed into Indonesian be “state of emergency”.

in the discussion, is a debate in several articles. Yet, not with Article 12. Article governing authority of the President to declare a state of danger was immediately agreed upon by members of the meeting. As for Article 22 regulating Perppu, had received a response from the R Otto Iskandardinata.

“So, government regulations that must be approved by Parliament in session. in practice, the president will be appointed. Later the president should provide rules to be approved by the House of Representatives are not we form. how about this?” asked Otto who answered Supomo, “It is included in the transition rules”, as quoted from “Risalah Sidang BPUPKI-PPKI tanggal 28 May 1945-22 August 1945”.

Next, no comments regarding Article 22. After all formulas and inputs chapter meeting participants agreed, PPKI large meeting dates 18 August 1945 decided to establish the Constitution of the Republic of Indonesia, and elect the President Sukarno and Vice President Mohammad Hatta.

Berikut rumusan Pasal 22 and 12 in the Constitution of the Republic of Indonesia stipulated in PPKI meeting dates 18 August 1945 :

Constitution 1945
Article 22
(1) In matters of urgency that forces, The President has the right to issue government regulations in lieu of law
(2) Government regulations must be approved by the court following DPRdalam
(3) If not approved, the government regulations shall be revoked
Article 12
The President declared a state of emergency. Terms syaratdan result thereof shall be prescribed by law
Source : “Risalah Sidang BPUPKI-PPKI tanggal 28 May 1945-22 August 1945”

Since it was first established as the Constitution, Article summary 22 and 12 unchanged. even though, Constitution 1945 has been amended four times. Some have had time to give feedback on Article 22 and 12 during the discussion of amendments to the Constitution 1945 year 1999-2000. Yet, until now, The second chapter of the sound is retained.

Nevertheless, it is worth noting that the term regulation has been missing in the Indonesian constitution. Reason, The Constitution of the Republic of Indonesia States (RIS) year 1949 and the Provisional Constitution of the year 1950 does not recognize the term Perppu, melainkan THE Darurat. After the Decree of the President dated 5 July 1959, Indonesia back to the Constitution 1945 and re-used term Perppu.

Position Perppu and “crunch forcing”
In the current conditions the sort order of law in Indonesia as stipulated in Article 7 sentence (1) UU No.12 Tahun 2011 on the Establishment of Regulatory Legislation, Perppu position is aligned with the Law. Yet, referring to the findings of the National Legal Development Agency (BPHN), Ministry of Law and Human Rights (Kemenkumham) on 2010, Regulation has been placed under the Act.

Not only under the Act, at a certain time, turns regulation has been “seated” under Government Regulation (PP). It is based on the President to the Speaker of the House-GR (Spring Cleaning) date 20 August 1959 No. 2262 / HK / 59 on Form State Regulation. After that time has elapsed, Perppu back position aligned with the Law, although never in 2000 placed back under the Act.

Although formally regulation has positioned parallel with the Act, Daniel Yusmic P Foekh thought, Perppu can not be equated with the Law. It was also the cause of Daniel not agree if the Court can examine Perppu. He looked Perppu using the Emergency Law perspective. In this context, there is a difference between the normal state administrative law and constitutional law of emergency.

“Whose name emergencies, he function of the, How to restore critical or emergency situation soon became a normal state. After that, Regulation had been no need, Emergency Law was no longer necessary. But, because the prevalence of us that he agreed to be a law, well that is the unfortunate fact,” she told hukumonline.

Daniel explained, shape sign emergency state is divided into two, namely Article 22 and 12 Constitution 1945. Article 22 concerning the rights of the president issued Perppu if there “crunch forcing”, whereas Article 12 regulating authority of the president to establish “state of emergency”. Both articles can not be separated. Literally any, word “genting” that is to say “dangerous” in Malay.

Therefore, he judged, levels “crunch forcing” higher than the danger. This can be proved by the regulation has violated the Constitution 1945. As an example, Perppu 2 Years 2002 on the Application Perppu 1 Year 2002 on Combating Terrorism on the Bali Bombing Incident date 12 October 2002.

The regulation has appeared in 18 October 2002, whereas the Bali bombings occurred on 12 October 2002. When referring to Article 28 paragraph (1) Constitution 1945, one of the human rights that can not be reduced under any circumstances is “the right not to be prosecuted based on retroactive law (rekroaktif)”. Yet, Perppu 2 Years 2002 it imposed a retroactive principle.

Nah, if the president should issue a Perppu infringing (break through) TO, even the Constitution, how to measure? Daniel gives a key indicator of why the president can violate the law. Indicators in question is the principle “The health of the people is the highest law” that puts the safety of the people / public interest as the supreme law.

“So, it actually should be interpreted as legal. can be written, could not be written, and it can be interpreted constitution. In some countries, on the basis of a state of emergency, the constitution can be criss. If in some countries such as the, especially that embraces constitutional law subjective emergency,” he said.

in his book “Law of the State of Emergency (1996, Penerbit : Djambatan), (General information) Prof Mr Herman Sihombing also touched on “crunch forcing”. According to, the purpose of “crunch that forced” and “danger” is the same. Even, Article 22 sentence (1) Constitution 1945 it is more critical and highly forced, so without waiting for the conditions in the formation of Law, president the right to set regulation has once declared a state of danger or emergency.

The precarious nature of the explanations set out in Article 22 Constitution 1945 : “This article concerns “Emergency Regulation Law” President. Provision is indeed necessary, so that security can be guaranteed by the government in a precarious situation, which forced the government to act quickly and accurately. Nevertheless, government will not be released from the supervision of the Parliament. Therefore, government regulations in this article strength equal to the Act must be approved also by Parliament”.

even so, Prof Herman argues, should this regulation had submitted to Parliament after a hazard or danger is to be faced with the usual effort (normal). Not when the danger is becoming a real-so and still faced by the government. Reason, in general, in crunch that forced the trial may not be held parliament and it is certain that the next Parliament hearing was held after the hazard or hazards have been reduced / lost. This is intended to supervise the extraordinary powers the president can still take Parliament as provided for in Article 22 sentence (2) Constitution 1945.

Given the President's authority, Prof Herman gives a little note. He demanded that there should be a balance between danger to the effort / institutions and extraordinary powers granted to authorities danger (president). If not, he worried occurred great potential abuse of power, as did the Nazi government (Hitler) in Germany.

While, former Chief Justice Prof. Jimly Asshiddiqie in his book “Law of the State of Emergency” (2007, Penerbit : Board Rajgrafindo Prsada) view each other, crunch forcing referred to in article 22 sentence (1) Constitution 1945 not synonymous with danger is Article 12 Constitution 1945. It may be jeopardized category or the condition of a compelling. However, crunch that forced the reason is not always the danger.

“This means that a state or happenings crunch that forced pursuant to Article 22 The broader scope of interpretation of a state of emergency in accordance with Article 12. In any situation of danger, the president has the right to issue government regulations in lieu of law,” Thus the opinion of Prof. Jimly.

Subjectivity president in various eras
Indeed, the authority given to the Constitution 1945 to the President to issue a regulation has not abolish the function of control of the House. Reason, Article 22 sentence (2) Constitution 1945 presuppose, Regulation has to approval by the Parliament in the following trial. Yet, before the Parliament session, The regulation has been in force and have legal consequences.

Lantas, what the president parameter in assessing “happenings crunch that forced”? Section, so far, there is no standard parameter regarding “crunch forcing” mentioned. The three conditions regulation has given the Court in the judicial decision No. 138 / PUU-VII / 2009, not binding because it is not contained in the injunction, but consideration verdict.

The Court in its judgment has given three conditions is an Perppu. First, when there are circumstances, namely the urgent need to resolve the legal problem quickly by Law. Second, if the law takes no, so that a legal vacuum or no law, but not sufficient. Third, The legal vacuum can not be overcome by making the Act is the usual procedure because it takes a long time. While, there is an urgent situation that needs to be solved certainty.

Prof Jimly, in his book says, when regulation has assigned by the president under Article 22 sentence (1) Constitution 1945, their determination “happenings crunch that forced” based solely on subjective judgments, which is based on the subjectivity of the President. Assessment of “happenings crunch that forced” just to be objective after being appraised or approved by Parliament.

Similar delivered by Daniel Yusmic P Foekh. he saw, all this time, Indonesia adheres to the constitutional law subjective emergency, so the size of the president in setting “crunch forcing” also highly subjective. Yet, any sesubjektif, the most fundamental thing is the interest of the state. Also Read: This is the list regulation has in the Age of the President

Although difficult to define the parameters used by each president to assign “Happenings crunch that forced”, at least subjectivity President in different eras can be seen from the trend of government regulation has they publish. Daniel revealed, total regulation has published since the era of President Sukarno to Jokowi numbered 214 Perppu.

Number regulation had been included Perppu issued by the Acting President Ir Juanda and Mr Assaat. when broken down, each, Soekarno published 143 Perppu, Juanda 24 Perppu, Assaat 6 Perppu, Suharto 8 Perppu, BJ Habibie 3 Perppu, Abdurrahman Wahid (Gus Dur) 3 Perppu, Megawati Soekarnoputri 4 Perppu, Susilo Bambang Yudhoyono (SBY) 19 Perppu, and Jokowi 4 Perppu.

Here's a partial regulation has ever published President and Acting President from time to time :

Era Perppu Era Perppu
Soekarno No. 1 Year 1946 The composition of the Council for Defense of the State. date 7 June 1946
2 Years 1946 on the Establishment of the State Bank. date 5 July 1946. (Repealed by Act Drt 2 Years 1955)
1 Year 1949 of Military Government in Yogyakarta, including Enclave Kasunanan and Mangkungara. date 30 July 1949.
no.25 1949 Penalties Penalties on Extra Hold Everything Against Violation of Customs and Excise (Rules Deputy Prime Minister Date 14 October 1949 No.1/U/WPM 49). date 16 December 1949
No. 36 Year 1949 on the Elimination of Drt Regulation No.46 / Java Command Headquarters / 49 and Reviving the Military Court Existing Previous date 7 May 1949.Tanggal 25 December 1949.
1 Year 1959 on the State Commercial Banks. date 10 August 1959. (Into Act 1 Prp Year 1959)
2 Years 1959 Banknotes Impairment of Rp 500,- and Rp.1000,- date 24 August 1959. (Into Act 2 Prp 1959)
1 Year 1960 Addition of Emergency Law No.7 1955 Coupled with Drt the Law No.8 Year 1958 on Investigation, Prosecution of Economic Crime and Justice. date 2 February 1960. (Amended by Perppu 26 Years 1960 Into Act 1 Prp tahun1960)
2 Years 1960 about Warehousing. date 2 February 1960.(Into Act 2 Prp Year 1960; Amended by Perppu 5 Year 1962; Become Law No.11 1965. Repealed by Law No. 7 of 2014)
Soekarno 1 Year 1961 on Goods. date 17 February 1961. (Become Act No.1 1961. Repealed by Law No. 7 of 2014)
1 Year 1962 about Dialing & Deployment of All Citizens in Public Mobilization Framework for Security and State Government Interests. date 6 February 1962. (Become Law No.14 Year 1962. Repealed by Act No.27 1997)
2 Years 1963 on the Implementation of the Economic Declaration on Financing Import and Export. date 22 May 1963.
1 Year 1964 about changes & Supplementary Law No.21 Year 1959 on Establishment of Emergency Law No.7 1958 about Reimbursement Regulations concerning the Guerilla Star as set forth in Regulation 8 Years 1949 A sebagai. date 6 January 1964. (Become Law No.8 Th.1964)
2 Years 1964 on the Establishment of Regional and Local Tk.I Central Sulawesi, Southeast Sulawesi Tk.I Change Act 47 Prp Year 1960 Dati.I on the Formation of North-Central Sulawesi and South Sulawesi Dati I-Southeast. Tanggal13 February 1964. (Being No.13 1964)
1 Year 1965 about Changes / Additions Law No. 7 of 1960 About Statistics. date 13 November 1965. (Into Act 1 Prp Year 1965)
2 Years 1965 Wisdom Revenue Year 1966. date 31 December 1965. (Into Act 2 Prp Year 1965. Repealed by Act No.13 1985 & no.11 1995)
Assat 1 Year 1950 tentang Peraturan Daerah replaced. date 13 March 1950. (Become Law No.8 Th.1950)
2 Years 1950 While on the Formation of Parliament and the Council reign. date 29 June 1950. (Repealed by PP No.39 Year 1950)
3 Years 1950 on the Establishment of South Sumatra Province. date 14 August 1950 (Modified by Law Drt 16 Years 1955; Become Law No.25 1959)
4 Year 1950 on the Formation of Central Sumatra Province. date 14 August 1950.(Modified by Law Drt 16 Years 1955; Drt repealed by Act No.19 1957)
No. 5 Year 1950 on the Formation of North Sumatra Province. date 14 August 1950(Modified by Law Drt 16 Years 1955 & UU No.24 Tahun 1956)
No. 6 Year 1950 District of Regulation taxes recovered. date 15 August 1950
Juanda No. 1 Year 1963 about Tobacco Tax Repayment by the Tobacco Enterprises Pita-Pita Without Spending Excise and Tobacco Results of Enterprises into free circulation Without Ribbon Excise. Tanggal2 March 1963.(Repealed by the Act 4 Year 1946)
No.18 1960 about Change Total Penalties Fines in the Book of the Criminal Justice Act and the Criminal Provisions Other Incurred Before Date 17 August 1945. date 14 April 1960.
36 Years 1960 on Amendments and Additions to the Emergency Law No.7 1955 on Investigation, Prosecution, Economy Crime and Justice. date 14 October 1960.
Suharto 1 Year 1968 of Honor stars Kartika Eka Pakci. date 1 October 1968. (Become Law No.23 1968)
1 Year 1969 Forms of the State. date 7 April 1969 (Become Law No.9 1969; Repealed by Act No.19 2003)
1 Year 1971 about 17 Revocation Law on Prohibition of Withdrawal Blank Checks. Tanggal30 July 1971. (Become Law No.12 1971)
2 Years 1971 about Dharma Yudha Star Honors. date 5 October 1971(Being No.13 1971)
1 Year 1984 Suspension of Entry into Force of the Law on Value Added Tax 1984. date 16 June 1984 (Become Law No. 8 of 1984)
1 Year 1992 Suspension of Entry into Force of the Law No.14 Year 1992 ttg Traffic and Transportation. date 11 August 1992.(Become Law No.14 Year 1992)
No. 1 Year 1997 Suspension of Entry into Force of the Law No.21 Year 1997 Tax on Acquisition of Land and Building. date 31 December 1997.(Become Act No.1 1998)
1 Year 1998 on the Amendment of the Law on Bankruptcy (Gazette Tahun 1905 No.217 conjunction Gazette Tahun 1906 No.348).date 22 April 1998
Habibie 2 Years 1998 the Freedom Front Umum.Tanggal 24 July 1998.(Repealed by Perppu 3 Years 1998)
3 Years 1998 on the revocation of Perppu 2 Years 1998 the Freedom Front General. date 28 September 1998
1 Year 1999 on the Court of Human Rights. date 8 October 1999 (Repealed by Act No.26 Year 2000)
Gus Dur 1 Year 2000 the Free Trade Zone and Free Port. 1 September 2000(Into Act 36 TH.2000)
2 Years 2000 of the Free Trade Zone and Free Port of Sabang. date 1 September 2000. (Into Act 37 Years 2000)
3 Years 2000 on Amendments to the Law on Amendments Th.1998 11 Applicability of the Act No.25 1997 on Employment. date 25 September 2000.(Become Law No.28 Year 2000)
Megawati 1 Year 2002 on Combating Criminal Acts of Terrorism 18 October 2002(Become Law No.15 Year 2003)
2 Years 2002 on the Application Perppu 1 Year 2002 On Combating Criminal Acts of Terrorism In Bombing Incident in Bali Date 12 October 2002.Tanggal 18 October 2002.(Into Act 16 Th.2003)
1 Year 2004 on Amendments to the Law No.41 of 1999 on Forestry. Tanggal11 March 2004.(Become Law No.19 2004)
2 Years 2004 on Amendments to Law No.12 2003 on Election of Members of Parliament, DPD, and Parliament. date 2 April 2004.(Become Law No.20 Th.2004)
SBY 1 Year 2005 Suspension of Entry into Force of the Law 2 Years 2004 on Dispute Settlement Industrial.Tanggal 13 January 2005.
2 Years 2005 of the Rehabilitation and Reconstruction Agency for the Region and People of Nanggroe Aceh Darussalam and Nias Islands Utara.Tanggal 16 April 2005.
1 Year 2006 on the Second Amendment to Law No.12 2003 Election of Members of Parliament, DPD, and the Regional Representatives Council. date 7 March 2006(Become Law No.10 2006)
2 Years 2006 Postponement of Duties and Functions of Fisheries Tribunal referred to in Article 71 Subsection (5) UU No.31 Tahun 2004 About Perikanan.Tanggal 2 October 2006.
1 Year 2007tentang Amendment Act No.36 Year 2000 on Stipulation of Government Regulation in Lieu of Law No. 1 of 2000 the Free Trade Zone and Free Port become Law. date 4 June 2007. (Become Law No. 44 Year 2007)
2 Years 2007 on the Handling of Legal Issues in the Framework of Rehabilitation and Reconstruction and People in Nanggroe Aceh Darussalam and Nias Island in North Sumatra Province. date 4 June 2007
SBY 1 Year 2008 on Amendments to Law No.21 2001 on Special Autonomy for the Province Papua.Tanggal 16 April 2008. (Into Act 35 Years 2008)
2 Years 2008 on the Second Amendment to Law Number 23 Year 1999 on Bank Indonesia. date 13 October 2008(Become Law 6 Years 2009)
3 Years 2008 on Amendments to Law No.24 2004 about Simpanan.Tanggal Insurance Agency 13 October 2008.
4 Year 2008 of the Financial System Safety Net. date 15 October 2008(Repealed by Law No.11 2015)
1 Year 2009 on Amendments to the Law No.10 Year 2008 Election of Members of Parliament, DPD, & Parliament Daerah.Tanggal 26 February 2009.
2 Years 2009 on the amendment of Law No. 13 TH.2008 disavowal of Hajj. 17 July 2009.(Become Law No.34 Th.2009)
1 Year 2013 on the Second Amendment Act No.24 2003 About Constitutional Court. date 17 October 2013.(Become Law No.4 2014)
1 Year 2014 on the election of Governor, Regent, and Mayor. 2 October 2014(Become Law No.10 Th.2015)
2 Year 2014tentang Amendment Act No.23 2014 on Local Government. date 2 October 2014. (Into Law 2 Years 2015)
Jokowi No. 1 Year 2015 on Amendments to Law No.30 Year 2002 About the Corruption Eradication Commission. date 18 February 2015 (Become Law No.10 2015)
1 Year 2016 on Amendments to the Law No.23 2002 on Child Protection. date 25 May 2016. (Into Act 17 Years 2016)
Jokowi 1 Year 2017 on Access to Financial Information for the Benefit of Tax. date 8 May 2017. (Parliament is set to become law dates 27 July 2017)
2 Years 2017 on the Amendment of the Law No.17 Year 2013 on Civil Society Organizations. date 10 July 2017
*Compiled from various sources, among others : Catalog Administration Act of the Republic of Indonesia Year 1945-2015 With Status / aspects of legality issued by the Ministry of Interior

The regulation has-regulation has certainly issued in circumstances different. For example, when the era of President Soeharto. During the reign over 32 year, Soeharto only published eight Perppu. Why? Daniel thought, Soeharto-era politics no, economy yes. Even more, society still traumatized by the events 1965 etc..

“So without the law also, the first lot SK (Decree) The President who feared. So, The President issued a Presidential Decree which is nowadays called the Presidential Decree (Keppres), no one dare disturb accountable. Many decree of misuse of authority, for example, authorizes the son Tommy Soeharto's national car. It was a Presidential Decision. In the past no one dared to protest,” bright.

Daniel said, Suharto's first decree “have” Act like a force. How come, Convention on the Rights of the Child that should be ratified by the Law, it was ratified by Presidential Decree No.36 Year 1990 tentang Pengesahan Convention of The Rights of The Child. “So, although he had little Perppu, but many regulations issued, Law payload material actually, (but) in the form of decree,” he added.

After Suharto stepped down, Indonesia re-organize the constitutional life. Conditions had changed and people are starting to realize their human rights. During the transition period the, two of the three regulation has published President Habibie is related to politics Perppu, whereas the relevant regulation has legal, namely the Human Rights Court.

Then, in the era of President Gus Dur, although only issued three Perppu, all relate to the economy. When the government of President Megawati, Bali bombings occurred that shook the country and internationally. torn, President Megawati published the first regulation has in years 2002 on Combating Criminal Acts of Terrorism.

Even, Bali bombers to ensnare happened before Perppu, President, at that time, apply the principle of retroactivity in Perppu No.. 2 Year 2002. When you see the preamble Perppu, one consideration is “that the bombing that occurred in Bali on 12 October 2002 has created an atmosphere of terror or fear of the widely causing loss of lives and property of others“.

Then, how to Perppu-regulation has published in the era of President? According to Daniel, president of subjectivity in judging “Happenings crunch that forced” as a condition for issuing Perppu, different from previous presidents. “Example, SBY era, A matter of election supplies must Perppu. It was actually something that does not make sense. Why? because the substance of the regulation has translated the same as the substance of the Act. That question there. So, subjectivity also born because it was considered that the substance of the Act,” he said.

Besides, two other regulation has in the era of President spotlight is Perppu associated with bailouts (bailout) Century and Perppu 1 Year 2013 issued after the arrest of Chief Justice M. Akil Mochtar by the Corruption Eradication Commission (KPK).

Seeing the subjectivity of the president in issuing Perppu, Faculty of Law, University of Padjadjaran Susi Dwi Harijanti argues, there should be restrictions. The first restriction, departing from the spirit “crunch that forced”. He insisted, the president can not base crunch forced on things that are merely estimates or conjecture. Reason, it must have been a real crunch in sight.

“Example, at the time the President issued a regulation has on the Court only because Doctor Akil arrested. Then, suppose if later another two constitutional judges also arrested, the total to six judges of the constitution, that's what-wishing. Which in fact did not exist until now,” he said.

the second restriction, Susi continued, is the restriction of content material Perppu. He considered, substance of the regulation has not be the same with the Law. The third restriction is in terms of time. According to, the president can issue a Perppu if Parliament is in recession. Hal ini pula yang menjadi rumusan dalam ‘Rencana Permulaan UUD’ year 1942. Where, disebutkan jika DPR tidak bersidang, Presiden dapat membuat Perppu.

“But, kalau DPR (sedang bersidang) masak presiden mengeluarkan Perppu. Apalagi kalau materi muatannya mengenai struktur umum organisasi negara, seperti mengatur MK, MA (Supreme Court), tidak boleh kalau menurut saya,” he said. Also Read: Tafsir ‘Kegentingan yang Memaksa’ Masih Bisa Berubah

While, mantan Hakim Konstitusi, Harjono menyatakan, keberadaan Perppu sebagaipintu daruratdiperlukan apabila sewaktu-waktu negara menghadapi keadaan genting yang memaksa. “But, jangan kemudian (pintu) emergency dibuka terus, keluar masuk lewat situ terus. Therefore, batasan-batasan ini, tolong, menurut saya MK menetapkan itu. Kalau sekarang tiga (syarat menerbitkan Perppu) perlu ditambah, silakan,” he said.

source : Hukum Online

Leave a Reply

Your email address will not be published. Required fields are marked *