The People’s Consultative Assembly (MPR) together with the Faculty of Law, University of Muhammadiyah Sumatera Utara (FH UMSU) held a Focus Group Discussion (FGD) related to “Procedures for the Inauguration and Dismissal of the President and/or Vice President”.
The activity held at Santika Hotel Medan, Tuesday (30/5/2022) was attended by 4 members of the MPR including: Drs. H. Djarot Saiful Hidayat, M.S, H. Mustafa Kamal, S.S, H. Dedi Wahidi, S.Pd and Moh. Haerul Amri, SP along with his Expert Staff.
From the Faculty of Law UMSU, the Dean, Dr. Faisal, S.H., M.H, and resource persons/experts including: Dr. Zainuddin, S.H., M.H, Dr. Eka NAM Sihombing, S.H., M.H, Benito Asdhie Kodiyat, S.H., M.H and Andryan, S.H., M.H.
Dean of FH UMSU Dr. Faisal, S.H., M.Hum conveyed that the return of the MPR as the highest State institution is important to be discussed in terms of addressing the development and progress of the country today.
“Regarding the Presidential Inauguration, ideally there should be a mechanism with clear content,” said Faisal.
Meanwhile, Djarot Saiful Hidayat said that after the 1945 Constitutional Amendment, it must be realized that the constitutional system must be addressed, the MPR must be set as the highest state institution, because the MPR is part of the people’s representation.
“Regarding the presidential inauguration, it is actually already in our constitution, but in practice the authority is not carried out according to the mandate of the constitution, currently there is only a KPU decision letter related to the determination of the winner of the presidential election. Things related to this must be examined and studied more deeply,” he said. Djarot hopes that the mandate of Article 3 of the 195 Constitution can be implemented. Many other things are the subject of discussion including the importance of the state direction study.
In addition, Djarot also said that currently there is no synergy between the central government, provinces and city districts, sustainability between one governor to the next governor.
Then Dr. Zainuddin, S.H., M.H said that the DPR, Governor and Mayor were inaugurated and had an Inauguration Decree. According to Zainuddin, a very significant difference occurred in the 1945 Constitution before and after the amendment related to the term of office of the president, which is one of the reasons why the 1945 Constitution was amended.
Zainuddin revealed that the MPR’s authority related to presidential inauguration should ideally be restored. He recommended several things, including the need for additional MPR authority as a consequence of the authority to inaugurate the president and vice president in carrying out their duties.
“Then there must be legal certainty regarding the dismissal of the president by the MPR at the suggestion of the DPR no later than 30 days. In terms of procedures for the election and inauguration of the president and vice president who both stop simultaneously,” he said.
On the other hand, Dr. Eka NAM Sihombing said that when talking about constitutional issues, there is often a separation between constitutional law and state administrative law. According to him it cannot be separated, “In my opinion it cannot be separated,” he said.
Furthermore, Eka NAM Sihombing said that after the 1994 constitutional amendment, the MPR inaugurated and appointed the president. He said, the meaning of the MPR inaugurating the president is to appoint. The presidential inauguration is part of the presidential election procession and there are other opinions that oppose this. Inauguration and oath are two different things, so ideally it should be regulated further.
“Therefore, it is important to make legal instruments related to the inauguration of the president in the form of MPR decisions, MPR Decrees, and other legal products,” he said.
Furthermore, Andyan, S.H., M.H said that the MPR is a representative of the people. Therefore, he emphasized that the MPR must remain as it is now, “However, the MPR must have the authority to make state policy and the president must be responsible to the people,” he said.
Meanwhile, Benito Asdhie Kodiyat, S.H., M.H conveyed that the position of the MPR is important for the Indonesian constitution. According to him, the form of presidential inauguration by taking the oath of office is a logical consequence of using the presidential system and changing the position of the MPR in the design of state institutions.
“The oath is very important in the appointment of the President. On the other hand, the importance of the national direction movement in national development so that it does not have an impact on regional development,” he said.
In closing, MPR RI member Haerul Amri conveyed related to the MPR, where he analogized it to a family. The tradition of family life, ideally there should be a higher, older and more mature as a reference. It is important that the existence of a high state institution, ideally legitimacy related to the inauguration of the president must be created.
“Therefore, the hope is that the MPR through the TP MPR, regulates the procedures for the inauguration and dismissal of the President or Vice President,” he concluded.
