TheJakartaPost

Please Update your browser

Your browser is out of date, and may not be compatible with our website. A list of the most popular web browsers can be found below.
Just click on the icons to get to the download page.

Jakarta Post

Jokowi denies claims of omnibus bill overreach

President Joko “Jokowi” Widodo has shot down claims that he would have the power to override laws thanks to an omnibus bill on job creation, saying that the president could not revoke laws through government regulations

Riska Rahman, Ghina Ghaliya and Budi Sutrisno (The Jakarta Post)
Jakarta
Fri, February 21, 2020

Share This Article

Change Size

Jokowi denies claims of omnibus bill overreach

P

span>President Joko “Jokowi” Widodo has shot down claims that he would have the power to override laws thanks to an omnibus bill on job creation, saying that the president could not revoke laws through government regulations.

“It’s impossible,” Jokowi told journalists at the Ritz Carlton Pacific Place in South Jakarta on Thursday, referring to Article 170 of the omnibus bill that stipulates such a provision for the government.

The contentious article permits the government to revoke laws simply by issuing government regulations and consult with the House of Representatives in drawing up such regulations.

Jokowi asked the public not to worry about the draft.

“This is not yet a law, it’s just a draft bill,” he said.

He also gave assurances that the draft, which had been submitted to the House for deliberations, could be changed based on public input.

“The point is that the government and the House are open for suggestions and ready to hear the wishes of the people. It is still too early; we still have three, four or maybe five months to finish it.”

He added that the government and the House were also expecting input from labor unions.

The omnibus bill is aimed at creating jobs, improving the ease of doing business and stimulating economic growth, but it has triggered outcry from law experts and the public.

Indonesian Parliament Watch (Formappi) researcher Lucius Karus highlighted Article 170 of the bill, pointing out that Jokowi must have an authoritarian spirit if the article had been proposed by the President himself.

“If Jokowi proposed this concept, then this is proof that the President does have an authoritarian spirit and wants to gain more power,” Lucius said on Monday.

Coordinating Political, Legal and Security Affairs Minister Mahfud MD said on Tuesday that “a typo” had been made in Article 170.

“Yes, it’s actually a typo, which means that it’s a mistake. We all agree, if we [refer] back to the basic theory of law, only laws can revoke laws, while government regulations can only regulate laws. That’s the principle,” he said.

Mahfud’s explanations contradicted a statement made by Coordinating Economic Minister Airlangga Hartarto, who confirmed the bill gave greater power to the president, saying such a level of authority was important as it would protect the president from possible impeachment.

“Who’s the one who can be impeached? The president. Can the president be impeached because of ministers’ mistakes? [...] This is the problem, so we gave the president [more authority],” Airlangga said during a meeting with media leaders on Tuesday.

Political observer Jeirry Sumampow expressed his doubts over Mahfud’s claim of a typo, arguing that if the article contained typographical mistakes, points in the article would not have been arranged coherently.

The President gave his assurance that the provision in Article 170 would be revised during deliberations at the House but stopped short of saying that lawmakers would drop it entirely.

Political parties in the government coalition control the House with nearly 70 percent of the seats.

Lawmaker Benny K Harman of the Democratic Party, a party outside the government coalition, said it seemed clear that Jokowi’s political allies intended to grant him more power with the draft bill, likening the move to something from founding president Sukarno’s Old Order Era.

“It’s similar to [the Sukarno era’s] demokrasi terpimpin [guided democracy] and it’s clear that the intention is a centralization of power. The government wants to control the House. They want to take over our authority in the name of stability and investment," said Benny, who is a member of the House Commission III overseeing legal affairs.

He added that House leaders had not been able to reject the bill and return it to the government or remove the contentious articles before deliberations started.

"The House can now become the President’s subordinate. This is not a typo; it’s on purpose. If the article is accepted, it could destroy our democratic system.”

House Deputy Speaker Sufmi Dasco Ahmad argued that if Article 170 truly contained a mistake, it should be corrected during the deliberation process at the House.

That way, the House would not have to return the draft bill to the government, he said, adding that he believed a typo did occur and the government would change that.

The Gerindra Party politician said the contents of the draft bill could still change and the House would listen to the public’s aspirations through discussion forums.

"Let's discuss it together to clarify matters and settle this controversy.”

Your Opinion Matters

Share your experiences, suggestions, and any issues you've encountered on The Jakarta Post. We're here to listen.

Enter at least 30 characters
0 / 30

Thank You

Thank you for sharing your thoughts. We appreciate your feedback.