Suing the Government's immunity rights in the Covid-19 rule of law |
The Government Regulation in Lieu of Law No. 1/2020 on State Financial Policy and Financial System Stability for Handling Covid-19 Pandemic considered to be very vulnerable because it gives the rights of legal immunity to state administrators.
Professor of the Faculty of Law of the University of Padjadjaran University in Bandung, Prof. Susi Dwi Harijanti PhD, assessed that the Perppu was born from an abnormal situation, but the verdict must be ensured not to conflict with general legal principles and special legal principles.
"This Perppu is related to a large budget. It cannot be decided unilaterally by the Government, not during the recess of the DPR. The president can ask the House of Representatives to hold a session as soon as possible because the situation is critical, "explained Prof. Susi when she was a guest speaker in the National Seminar" Legal and Policy Issues During Covid-19 "held online by the Malikussaleh University Magister of Law Student Association, Saturday (16/5 / 2020).
Susi understands the current situation is not normal and the Government must make a quick decision in dealing with Covid-19. However, these conditions must go through a process that does not violate the law. "Between purpose and method, it must be parallel. It should not be possible to justify any means, "Susi said in a webinar attended by around 700 participants from various cities in Indonesia.
He also criticized Article 27 paragraph (2) and (3) which reads: (2) Members of the KSSK, the Secretary of the KSSK, members of the KSSK secretariat, and officials or employees of the Ministry of Finance, Bank Indonesia, the Financial Services Authority, and the Deposit Insurance Agency, and other officials, relating to the implementation of Government Regulations in lieu of this Act, cannot be prosecuted both civil and criminal if carrying out their duties is based on good faith and in accordance with statutory provisions.
(3) All actions including decisions taken based on Government Regulations in lieu of this Law are not objects of a lawsuit that can be submitted to the state administrative court.
According to Susi, the issue of good faith and compliance with the law in the law must be submitted to a third party, namely the Court. If the implementation of the Perppu is a legal matter, then it must be submitted to the Court to decide.
"If the Government is not satisfied with the Court's decision, it can still appeal, still be able to appeal, until PK. There is a fear of public officials in making policies, and they continue to make rules that they cannot be sued. Then where is the responsibility?" says Susi.
In another part, Susi acknowledged that the birth of the Copu-19 Perppu was already fast, although there were factions who objected. According to him, the opinion of the faction's objections must be noted, because the people who will judge the performance of the factions. "The objection note must be noted. We cannot be ignored," Susi added.
In addition to Susi, presenters who attended the webinar were Acting Director General of the Ministry of Education and Culture, Prof. Nizam PhD, Dean of the Faculty of Law at Malikussaleh University, Prof. Dr. Jamaluddin, and Acting Deputy II of the Presidential Staff Office of the Republic of Indonesia, Abet Nego Tarigan.
Regarding the existence of Perppu Number 1/2020, Prof. Jamal reminded that it must be closely monitored so that its implementation is in accordance with the rules. "Not until after the outbreak has passed, there are legal issues in the accountability of the budget," said Jamaluddin.
The webinar, according to Chairman of the Unimal Law Masters, Dr. Yusrizal, was attended by around 700 participants from various provinces in Indonesia. Whereas the call for paper will be held on Sunday (5/17/2020) and involve around 17 universities. [ayi]
