President Joko Widodo must resign during his term, here is the reason (part 2)

By: Anthony Budiawan – Director General PEPS (Political Economy and Political Studies)

DURING his two presidential terms 2014-2019 and 2019-2024, Jokowi committed numerous violations of laws and regulations as well as the Constitution.

There are three modes of violation of laws and regulations perpetrated by the Jokowi regime. First, the presidential regulation violates a number of laws and the Constitution. Second, the law violates a number of other laws and the Constitution. Third, the government's implementation violates a number of applicable laws and the Constitution.

Presidential regulations that violate a number of laws and the Constitution were explained in the first part of this article.

The second mode of violation, the law violating a number of other laws and the Constitution, is the subject of discussion in this article, as follows:

1. PERPPU No. 1 of 2020 / Law No. 2 relating to State financial policy and the stability of the financial system for the management of the Covid-19 pandemic…”. Hereinafter referred to as PERPPU Covid -19.

First of all, The Covid-19 PERPPU which “forces” Bank Indonesia to purchase government debt securities in the primary market, violates the regulations regarding the independence of Bank Indonesia, as regulated in the Constitution, Article 23D of the 1945 Constitution, which says: “The State has a central bank whose structure, position and authority, responsibility and independence are regulated by law.

Which is then regulated and confirmed in Article 55 paragraph (4) of Law No. 17 of 2003: “Bank Indonesia is prohibited from purchasing public debt securities for itself… except on the secondary market.

This means that the independent form of Bank Indonesia, among others, “is not allowed to purchase government debt securities except in the secondary market”, which is part of monetary policy.

Second, The PERPPU Covid-19 regulates that the APBN is determined by presidential regulation. This violates Article 23, paragraph (1) of the Constitution, which states: “The state revenue and expenditure budget, as a form of state financial management, is determined annually by law ….

The Covid-19 PERPPU also violates Article 3 paragraph (2) of Law No. 17/2003 on State Finance which states that “The APBN and the changes to the APBN each year are determined by the law “.

2. Law No. 3 of 2022 concerning the National Capital (IKN) violates a number of laws and the Constitution.

The IKN Law states that the regional government of the IKN is called the Authority, with the regional head called the Head of the Authority, who is appointed and dismissed by the President, and has no Regional People's Representative Council ( DPRD).

This IKN Law violates Article 18, paragraphs (1) to paragraph (6) of the 1945 Constitution, which states that Indonesia is divided into provincial regions or consists of provincial regions, and that provincial regions consist of regencies and cities, with respective regional heads called. Democratically elected governors, regents and mayors. Regional governments have a DPRD whose members are elected in general elections, and regional governments regulate and manage government affairs themselves according to the principle of autonomy.

The IKN Law also violates Law No. 23/2014 on Regional Government, which stipulates that the formation of new regions (provinces, districts or cities) is done through regional expansion and must obtain approval from the DPRD of the current regional government expansion, and must meet other administrative requirements.

As a result of this violation, part of the territory belonging to two districts of East Kalimantan, namely North Penajam Paser Regency and East Kutai Regency, was seized, i.e. “annexed” by the central government, through the IKN Authority (equivalent to a ministry). or Institution) which is part of the central government.

This means that the initial regional revenues that should have been included in the APBD of the two districts were captured and recognized as revenues of the Authority, and entered into the APBN.

Jokowi's recklessness in manipulating the form of regional government into one authority was based on bad intentions so that the regional development of the IKN Authority could be implemented by the central government using APBN funds . The BPK report shows many problems in the IKN development project, indicating that there are many leaks.

Accordingly, all state expenditures related to the legally flawed IKN Authority are invalid and must be recognized as deviations from the APBN and become losses to the state. Especially if the IKN Authority development project really stops.

3. The Job Creation Law and the Job Creation PERPPU violate a number of laws and the Constitution.

PERPPU Job Creation manipulates the “pressing urgency” factor, on the grounds that there will be a “global economic crisis”, to force the issuance of the PERPPU (government regulation replacing the law) which is the basis for the establishment of the strategic project national (PSN).

This violates Article 22 of the Constitution regarding “pressing emergency”, which in principle cannot be based on predictions, but must be based on actual facts, according to which a critical event occurs.

In the case of job creation PERPPU, the critical factor “global economic crisis” must occur, and in addition there is no law that can overcome the critical event of “global economic crisis”, there is therefore a legal vacuum, and we therefore need a law (or PERPPU) as soon as possible to fill this legal vacuum.

In fact, there is no “global economic crisis”. There is no urgent need. Therefore, the PERPPU's stipulation of job creation is invalid and misleading, as it does not meet the requirements of “compelling emergency” of Article 22 of the Constitution.

Then the person responsible for implementing the PSN should be the state (government, regional government, BUMN, BUMD). But then it was manipulated by including private projects, such as Rempang, PIK-2 or BSD, and therefore violated the PERPPU of job creation.

Apart from this, the PSN stipulation in the PERPPU for job creation also violates the Constitution on human rights, Article 28H paragraph (4) of the Constitution which says: “Everyone has the right to 'have private property rights and these property rights cannot be arbitrarily exercised by anyone. »

Meanwhile, PSN status is being misused to evict and “seize” community lands by force, as happened in Wadas, Rempang, PIK-2, BSD and others.

There are still many laws passed by the Jokowi regime that conflict with other laws and the Constitution.

Among other things, the Public Housing Savings Act (Tapera), which requires people to save, violates people's right to choose to consume now or later (save).

Given the numerous violations of laws and regulations, Jokowi is no longer fit to serve as president and must be removed from office.