Democrat Party Rejects Option of Embedding PPHN via Constitutional Amendment
The Democrat Party faction in the Indonesian People’s Consultative Assembly (MPR) has rejected the option of amending the 1945 Constitution to regulate the State Policy Guidelines (PPHN). The PPHN draft had previously been declared complete and ready to proceed to the next stage.
MPR member from the Democrat Faction, Benny Kabur Harman, said that his party had conducted discussions on the PPHN. The Democrat Party, he said, proposed that the PPHN be sufficiently regulated through an MPR Decree (TAP MPR).
“The Democrats are of the view that the establishment of the PPHN does not require a constitutional amendment,” said Benny at the parliament complex on Tuesday (11/8).
“If it is to be established, the PPHN could be established through a TAP MPR,” he added.
Benny stated that his party understands that TAP MPR is no longer included in the hierarchy of laws and regulations in Indonesia.
TAP MPR, he said, is also not regulated in Law Number 12 of 2011 concerning the Formation of Laws and Regulations.
Nevertheless, he assessed that the option of establishing the PPHN through a TAP MPR could still be pursued provided that it has become a joint political decision.
“We are of the view that it is very possible to do so, a TAP MPR is very, very possible. But it will depend on who will implement that TAP MPR,” he said.
To date, the MPR has opened three options for regulating the PPHN: through a constitutional amendment, a law, and a TAP MPR. However, among the three, the amendment option is the strongest.
Deputy Speaker of the MPR Eddy Soeparno said that the amendment and TAP MPR options are the most considered options.
Meanwhile, the remaining option, namely through a law, is considered weak because it does not have a strong legal standing.
“A law can certainly be brought to the Constitutional Court if there is a dispute related to that law, and even by, for example, the head of state or subsequent governments, changes could be made,” he said.