Jakarta – Youth leader Syamsul Rizal Hasdy believes that the Preamble of the 1945 Constitution has provided guidance on the direction and purpose of the State.
He said that in the administration of the state, it is very important to have checks and balances, otherwise it is prone to domination of each branch of power based on their respective egos.
“Indonesia in the present, one of the things that is currently needed is the existence of State Policy Principles and restoring the position of the Supreme Council of the People’s Consultative Assembly as the Highest State Institution which in my opinion is currently very urgent,” said Syamsul Rizal Hasdy, SH who is also the former Chairman of the Central Executive Board of the Indonesian National Youth Committee.
Syamsul Rizal also supports the idea of the 5th President of the Republic of Indonesia Megawati Soekarnoputri so that the position of the People’s Consultative Assembly is returned to the highest state institution.
“What was conveyed by Megawati Soekarno Putri that since the fourth amendment to the 1945 Constitution, the People’s Consultative Assembly is no longer the highest state institution that carries out the sovereignty of the people. The People’s Consultative Assembly has become a high state institution that is equal to other high state institutions is true and at this time we feel clearly before our eyes that checks and balances in practice are just a figment because what is happening now is that each branch of power puts forward their respective egos and even holds each other hostage. This is a danger to the country in my opinion, “said Samsul Rizal.
Previously, Megawati in her speech at the launching of 58 book titles in the framework of Lemhannas RI’s 58th Anniversary stated that the position of the People’s Consultative Assembly must be restored as the highest state institution, which is true because in the administration of the state there must be a balance or control.
Then, Megawati admitted that she did not accept when the People’s Consultative Assembly was equated with the House of Representatives and the Regional Representative Council.
“According to Mrs. Megawati, the People’s Consultative Assembly should remain at a higher level than other high institutions, I also strongly agree because like in a house there must be an elder so that it can protect all those in the house,” said SRH, Syamsul Rizal Hasdy’s nickname.
“Therefore, as a young generation of the continuation of the ideals of the proclamation of Indonesian independence, I suggest and give full support to the Chairman of the House of Representatives Assembly, the Chairman of the House of Representatives and the Chairman of the House of Representatives of the Republic of Indonesia to immediately take seriously and implement the great idea of the First Lady / Teacher of our Nation, Mrs. Megawati Soekarnoputri this year,” said Syamsul Rizal.
He considered, Restoring the position of the People’s Consultative Assembly and giving birth to PPHN also did not damage the presidential system because in my view that the presence of the People’s Consultative Assembly as the highest state institution was intended as an instrument to maintain balance in the mechanism of checks and balances which was one of the demands of reform.
Syamsul Rizal explained that one of the main objectives of restoring the position of the People’s Consultative Assembly as the highest state institution is also to avoid the concentration of power in one institution only. This is very suitable to be applied in Indonesia, because Indonesia is known to have three branches of power, namely, legislative, executive and judicial. Although in Indonesia there are 3 branches of power seen in the rules, but in practice in Indonesia, this system is not really applied purely, this is because the system adopted in Indonesia is not a separation system in the sense of separation of power but a separation system in the formal sense or called division of power.
“It should be understood that checks and balances is a system that emphasizes the existence of a mechanism of mutual control and balancing between the holders of power. In other words, each state institution must control each other between one power and another so as not to exceed the limits of power that have been set in a constitution. The importance of the constitution here is as a limit of authority that should not be exceeded by each branch of power, because such a constitution is the culmination of a legal norm that has been established by the state which regulates the relationship and authority of each branch of state power,” explained SRH.
The principle of checks and balances, he said, has a function to prevent abuse of the branches of power, such as abuse in certain political goals and compromises.
“Checks and balances are instruments to guard or prevent arbitrary actions. In other words, checks and balances, especially in the presidential system, are carried out in order to ensure the continuity of the implementation of the rule of law based on Constitutionalism,” he concluded. (TeropongMedia.id)