Bisnis.com, JAKARTA — The principle of legal certainty in Indonesia is not maintained by the legislature and executive, because they create laws in a hurry.
The Prakarsa Executive Director, Ah Maftuchan, said this in connection with the revision of the BUMN Law which was recently passed.
In a Broadcash chat on the Bisniscom Youtube channel, he said that ideally a regulation, especially at the level of a law, should be consulted more widely with the public.
"As a democratic country, we have regulations related to public consultation. In the process of drafting regulations, public consultation is very necessary to ensure that the regulation has accommodated various public interests, both those directly related to the substance of the discussion of the bill, as well as the public who are not directly related to the discussion of the substance of the bill," he said.
He saw the discussion of the BUMN Bill recently, through a super fast discussion. He did not even hear of any broad public consultation, either to parties who have direct activities or are related to BUMN, or parties who do not have direct activities with BUMN.
This, he said, is a sign of how the government and the DPR, for the umpteenth time, have ignored the urgency of public consultation, as well as the urgency of public participation in the process of drafting regulations in Indonesia.
"Usually, if there is minimal public consultation, there will be an opportunity for a judicial review at the Constitutional Court," he said.
He assessed that if this judicial review occurs and for example the Constitutional Court's decision to annul the law, then the impact would be that legal certainty would be even further away.
Therefore, according to him, the public needs to return to paying more serious attention, especially in the process of drafting derivative regulations from laws.
"There will still be discussions on government regulations, which will contain technical references for the implementation of this BUMN law," he said.
According to him, the BUMN Law, which was drafted in a hurry, has weaknesses in the aspects of transparency and accountability in BUMN financial management, including the management of state-owned enterprise assets.
"Those things will be more worrying. We know there are many cases of financial misuse in BUMN which have implications for criminal acts of corruption," he explained.
All of these cases have certainly reduced public trust in BUMN and if this new law goes through a super fast process, it will encourage the public to assume that there are hidden intentions behind it.
He saw that the government and the DPR indeed had good intentions through this revision, such as organizing the management of dividends, corporate action assets and so on.
However, good intentions must be carried out in a good way, one of which is by following the provisions of widespread public consultation. "All of that is not supported by a good process. Good intentions must also be supported by a good process," he concluded.
Author: MG Noviarizal Fernandez
Editor: Wibi Pangestu Pratama
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