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Degradation of the rule of law and the return of absolutism
In dismissing Justice Aswanto, the House has turned a blind eye to the law it has made, thereby showing that legislative power is not bound by law and sits above applicable law, or simply paralyzes constitutionalism.
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Under the spotlight: Newly inaugurated Constitutional Court Justice Guntur Hamzah takes questions from the media at the State Palace on Nov. 23. Guntur replaces Aswanto, who was dismissed by the House of Representatives. (Antara/Hafidz Mubarak A)
T
he House of Representatives shocked the Indonesian constitutional democracy recently with its thoughtless measures in superseding Constitutional Court Justice Aswanto, ignoring the provisions of Articles 23 and 87 of Law No. 7/2020 on the Constitutional Court, which the House itself approved.
Aswanto was replaced after voting against the laws passed by the House in a number of judicial review hearings, including the one filed against the Job Creation Law. The legislature reasoned that Aswanto was a judge representing the House, so he should have defended the interests of the legislature (The Jakarta Post, “Legislative overreach”, Oct. 10).
Based on Budiman Tanuredjo's analysis, this legal event is called political recalling (Kompas, Nov. 26) and at its core is a political move by the legislature without constitutional grounds to tame the judiciary.
This constitutional problem has worsened as President Joko “Jokowi” Widodo, as the representation of executive power, failed to rectify the House’s move through a checks and balances mechanism. Instead, the President endorsed Aswanto’s dismissal and the appointment of Guntur Hamzah as his replacement as part of administrative requirements (the Post, “Jokowi gives nod to controversial removal of constitutional justice”, Nov. 24).
From a political standpoint, the President's decision to ratify the House’s decision is a form of accommodative politics. If we observe it more deeply, we will establish three crucial elements.
First, President Jokowi was reluctant to clash with the House. In this way, accommodating the political interests of the legislature is a political settlement. Moreover, he will bear no responsibility in the future for his accommodative decision as he will leave office in 2024.
Second, the President has expressed his tacit assent to the House's political maneuvers. Of course, this is related to the fact that the President's policies require the House’s consent and that the continuation of his legislative program after he leaves office will depend on the legislature.
