Jakarta (Antara Bali) - Chairman of the Regional Representative Council (DPD) Irman Gusman said the House of Representatives (DPR) has violated its oath of office for failure to abide by the decision of the Constitutional Court on the revision of the Law on MD3.
The DPR has revised the law on People's Consultative Assembly, DPR, regional legislative assembly (DPRD) and DPD (MD3) without involving DPD.
DPR has failed to abide by the decision of the Constitutional Court and it is a violation of the oath of office and a contempt of court, said Irman here on Tuesday.
Irman as the chairman of DPD has sought judicial review by the Constitutional Court of the MD3 Law.
He said the process of revising the Law on MD3 was a break of the 1945 Constitution , which gives DPD constitution authority to propose and discuss a draft law.
But, the fact is DPD was not involved the process of drafting and approving the MD3 Law, he said.
According to the country's Constitution all decisions of the Constitutional Court is final and binding, therefore, all state institutions including DPR, President, and DPD which have the legislation function should comply with the decision, he said.
Earlier, the Constitutional Court in its decision No 92/PUU-X/2012 ruled that DPD must be involved in drafting law regulations related to the authority of DPD based on the chapter of 22D point (2) of the 1945 Constitution.
"We, therefore, have strong conviction that the laws which were debated without involving DPD as ruled in chapter 22D point 2 of the 1945 Constitution are unconstitutional products," Irman said.
Expert in Constitutional Law from the Indonesian Islam University , Nimatul Huda, said DPD has to be involved in discussing MD3 Law.
"The involvement of DPD in the debate on MD3 Law is ruled by the constitution especially on laws related to arrangement of position , duties , authority , rights and obligations of provincial DPRD, district and city DPRD," Nimatul told the Constitutional court in a formal judicial examination of the MD3 Law case here on Tuesday.
Nimatul said there has been disregard of the DPD authority in the MD3 Law debate by not involving DPD. (WDY)
