{
    "success": true,
    "data": {
        "id": 1586983,
        "msgid": "arief-hidayat-says-laws-are-inherently-flawed-from-birth-why-1772615452",
        "date": "2026-03-04 15:28:12",
        "title": "Arief Hidayat Says Laws Are Inherently Flawed From Birth, Why?",
        "author": "Danu Damarjati",
        "source": "KOMPAS",
        "tags": "",
        "topic": "Legal",
        "summary": "Former Chief Justice Arief Hidayat argues that laws are inherently defective from birth because they are drafted by a legislature shaped by conflicting interests, and that the constitution should remain supreme and subject to testing by the Constitutional Court. He calls for proportionality to balance political stability, party simplification, and easier decision-making, and references MK Decision No. 116\/PUU-XXI\/2023 on preserving legitimate votes.",
        "content": "<p>Jakarta \u2014 Kompas.com: Former Chief Justice Arief Hidayat cited\nSatjipto Rahardjo, Professor at Diponegoro University, who said that\nlaws are actually defective from birth. \u2018Why are laws defective from\nbirth? Because the Law is created by a legislative body that is the\nproduct of conflicts of interest, a blend of conflicts of interest from\nvarious interests that live real in the parliament,\u2019 Arief said at the\nParliamentary Threshold Seminar, cited from the YouTube osotvchannel, on\nWednesday 4 March 2026. \u2018Even so, it was created by humans; no one is\nideal. Especially after being discussed in the body called the\nlegislative body,\u2019 he said. Therefore, the advent of a constitutional\ndesign. The Laws created by the legislative body must be tested by a\nsingle body called the Constitutional Court (MK). \u2018Even though its\ncontent is only nine people (judges), that can overturn what has been\nmade by hundreds of people. Because what is supreme (highest) is not\npower, what is supreme is the constitution,\u2019 he said. \u2018Even so, the\nConstitutional Court consists of people, who can also make misjudgments.\nTherefore, we must realise properly that there are MK decisions that are\npro and con,\u2019 he explained. The proportionality, he said, must create a\nbalance towards political stability in government, party simplification,\nand the effectiveness of decision-making. \u2018MK emphasises the need for\nproportionality. The balance between creating government stability, the\nsimplification of parties, and the ease of making decisions because of\nthe simplification in parliament,\u2019 he noted. Arief referred to MK\nDecision Number 116\/PUU-XXI\/2023 which stresses that changing the\nthreshold formula must not eliminate the votes of legitimate voters by\ndiscarding them in vain. \u2018Not allowed to eliminate many valid votes that\nare discarded in vain, because that would not align with the principles\nof people\u2019s sovereignty. That is MK Decision 116,\u2019 he stated.<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/arief-hidayat-says-laws-are-inherently-flawed-from-birth-why-1772615452",
        "image": ""
    },
    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
}