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House’s new rule on state institution evaluation challenged in court
Plaintiffs argue that the national legislature should stick to the law in performing its duty in monitoring and supervising state and judiciary institutions.
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A man walks inside the Senayan legislative complex in Jakarta on Oct. 18, 2024, ahead of the inauguration of President Prabowo Subianto and Vice President Gibran Rakabuming Raka on Oct. 20. (AFP/Bay Ismoyo)
T
wo academics filed a judicial review petition challenging a revision to the House of Representatives’ internal rules that bestow the legislature with the authority to dismiss public officials as they see fit, something that critics say blurs the lines between legislative and executive power.
The petition was filed with the Supreme Court on Monday by lawyers representing the two plaintiffs: Setya Indra Arifin, a lecturer with the Nahdlatul Ulama University, and A. Fahrur Rozi, a student at the Syarif Hidayatullah State Islamic University in Jakarta.
They challenged Article 228 chapter 1 and 2 of the internal code of conduct that grants the House the authority to “periodically evaluate” officials who are appointed by the government and who have assumed office after being confirmed by the House.
The plaintiffs argued that the internal rule was not in line with the Legislative Institutions (MD3) Law, which requires that lawmakers exercise their right of inquiry, a decision that must be put to a vote, before they can declare a government official incapable and worthy of dismissal.
“The House’s supervision of independent [state] institutions should be done according to the law, while respecting the independence of those bodies in running its functions,” said Abdul Hakim, one of the lawyers representing the plaintiff, on Wednesday, as quoted by Kompas.
Read also: Alarm at House's 'legislative overreach'
Offices that are currently subject to the new rules include the Constitutional Court and Supreme Court justices, commissioners of the Corruption Eradication Commission (KPK), the General Elections Commission (KPU) and the Election Supervisory Body (Bawaslu) as well as the Indonesian Military (TNI) and police chiefs.
