Constitutional Law

1. Indonesia as a whole adheres to a Pancasila Democratic system where its own

democracy breathes the values that exist in Pancasila. However, when viewed from
reality or practice, the constitutional order is more on political democracy, which
is a democracy characterized by the functions of the Legislative , Executive, and
Judiciary. However, democracy in terms of its own constitution in performance also
experienced shortcomings in terms of its application , namely when a case of the
Omnibus Law Bill that had occurred in 2020 then there the legislature was so
closed in knocking the Omnibus Law Bill. In fact, when Mrs. Puan Maharani as the
speaker of the House of Representatives of the Republic of Indonesia said that those
who oppose the Omnibus Law will be brought legal channels. Not only that , in terms
of the conscience of the people, the people themselves want an absolute democratic
pattern where democracy that gives the highest power directly to the people. Not
only in absolute terms, the people also want material democracy where the style of
government guarantees independence and equality, for example in thinking and
opinionated. But the reality of the government limits this even to the point that the
statement appears that the Neo-New Order or New Order under Mr. Jokowi from
every among students from BEM UI, BEM UGM, etc. And recently there was a
news poster from BEM UI that criticized President Jokowi and then the UI rector
limiting UI students themselves to expression. Examples of other democratic
practices are also reviewed in terms of the powerful , examples of things such as
practicing Plutocratic democracy where democracy is ruled by the rich or people
with capital. An example of reality is when foreign investors find it easier to enter
and create projects at will in Indonesia. It can be concluded that the practice of
democracy in Indonesia itself depends on what we see in terms of what it used to be,
also the practice of democracy is still not fully open by the government.
However, from the people themselves in the delivery of their own thoughts lack in
politeness or civility in conveying criticism or thoughts.
2. Reviving an article in the law that has been annulled by the Constitutional Court (MK)
through its ruling is legally prohibited. But, doctrinally reviving the article that has been
canceled by the Constitutional Court in a new law forms constitutional disobedience or
 defiance of the constitution. This is like reviving the article on insulting the president
and vice president in the Draft Criminal Code (RKUHP).
This article of insult to the president was actually annulled by the Constitutional Court
(MK) in 2006. The Constitutional Court considered the article contrary to the
constitution. As a state of law that adheres to democratic principles and upholds human
rights, the article is no longer relevant to be applied in this republic. In a democratic
country, there is no denying the emergence of criticism of institutions and officials of
state administration. Including the president, vice president and people's representatives
in parliament. This becomes natural when the people loudly voice the truth and
improvement for the administration of the country. Therefore, state organizers do not
need to be overly sensitive. "Just listen and make improvements,". Is it just because there
have been many protests against the president's government lately and then there will be a
discourse to revive the insult article against the president? If so, then democracy in
Indonesia is no longer free or the people can no longer voice their voices if indeed
government policies are not in favor of the interests of the people.
3. In the institutional arrangement of the KPK itself from employees to civil servants, of
course, it is so funny, where ASN ( State Civil Apparatus) itself is of course directly
related to the government as well. So later it seems that there is an institution within the
institution in an independent institution such as the KPK (Corruption Eradication
Commission). Later also the KPK will be under the coordination line of the ministry of
utilization of the state apparatus and bureaucracy (Kemen PAN-RB) and will be subject
to the law governing civil servants, and more likely triggering difficulties in law
enforcement that touch the government.
4. The central government together with the House of Representatives has passed Law
Number 11 of 2020 concerning Job Creation. This law was drafted using the Omnibus
Law technique. According to the government, the passing of this law aims to increase
investment, create jobs, and increase the ability of the workforce as well as reduce the
complexity of licensing that is considered So far as one of the main obstacles in
investment. The Republic of Indonesia is a unitary state adhering to the principle of
decentralization by providing space in the form of opportunities and flexibility to regions
to carry out regional autonomy. The legal update regarding regional autonomy has just
 been implemented by the central government through Law 11 of 2020 concerning Job
Creation, but the law update has been Giving rise to a new paradigm, which directs
regional autonomy back to the old policy, namely the concept of centralization. This can
be found in several chapters specifically discussing permits where the authority of local
governments in issuing permits is revoked and returned to central government. In fact,
it must be seen again that regional autonomy itself aims to provide opportunities for
local governments to be able to participate in development and solving problems in the
regions with the system of Division and Delegation of authority, but now it has shifted to
be considered as an obstacle to investment and the cause of overlap overlapping
regulations.

The passing of the job creation law has repealed several provisions contained in the contained
law, including Law 3 of 2014 concerning Industry and Law 23 Years 2014 on Local
Government. Changes to some provisions in the Law have brought new consequences in
concurrent local government affairs, especially regarding industrial licensing authority. The
renewal of these norms has had an influence on the implementation of regional autonomy ,
especially industrial licensing. This change will result in the loss of authority of local
governments in licensing in the industrial sector and switch to the concept of centralization that
is not in accordance with the spirit of regional autonomy