Bertemu Yusril Ihza Mahendra, Ketua MPR RI Bamsoet Tegaskan PPHN Butuh Patung Hukum yg kuat

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*JAKARTA* – Ketua MPR RI sekaligus Wakil Ketua Umum Partai Golkar Bambang Soesatyo menemui Prof Yusril Ihza Mahendra sebagai narasumber untuk memperkuat argumentasi disertasinya sebagai kandidat Doktor Studi Ilmu Hukum Universitas Padjadjaran mengenai ‘Peranan dan Bentuk Hukum Pokok-pokok Haluan Negara Sebagai Payung Hukum Pelaksanaan Pembangunan Berkesinambungan Dalam Rangka Menghadapi Revolusi Industri 5.0 dan Indonesia Emas’.

Bamsoet mengungkapkan, Prof Yusril Ihza Mahendra menilai, kesinambungan pembangunan dari satu pemerintahan ke pemerintahan berikutnya termasuk di daerah memerlukan PPHN sebagai payung hukum pelaksanaan pembangunan berkesinambungan, beserta bentuk hukumnya yang kuat agar tidak mudah dibatalkan. Bentuk


hukum yang ideal untuk PPHN adalah TAP MPR. Sesuai dengan hirarki peraturan dan perundang-undangan yang menyebutkan, pertama adalah UUD, lalu kedua TAP MPR dan ketiga UU atau Perppu.

Berdasarkan pandangan Prof. Yusril Ihza Mahendra, serta para pakar hukum tata negara lainnya yang pernah menjabat Hakim Ketua/Hakim Wakil Ketua Mahkamah Konstitusi seperti Prof. Jimly Asshiddiqie, Prof. Maria Farida, dan Dr. Hamdan Zoelva, serta politisi senior Partai Golkar Rambe Kamarul Zaman dalam acara Sarasehan tentang Memperkuat Status Hukum Ketetapan MPR dan MPRS dalam Sistem Hukum Indonesia di Gedung MPR tahun 2018, menegaskan bahwa MPR RI masih memiliki kewenangan membuat Ketetapan MPR (TAP MPR) yang bersifat penetapan (beschikking), bukan yang bersifat mengatur (regeling).


“Beliau-beliau memiliki kesamaan pandangan, TAP MPR yang bersifat penetapan (beschikking) yang bisa dikeluarkan oleh MPR RI, misalnya, dalam UU MD3 pasal 39 ayat 3, secara jelas dan tegas juga menyatakan bahwa MPR RI dapat membuat Ketetapan MPR, dalam hal MPR memutuskan pemberhentian presiden dan/atau wakil presiden (pasal 39 ayat 1) atau dalam hal MPR memutuskan tidak tidak memberhentikan presiden dan/atau wakil presiden pasal 39 ayat 2,” ujar Bamsoet usai berdiskusi dengan Prof. Yusril Ihza Mahendra untuk penelitian disertasi, di Jakarta, Selasa (20/9/22).


Ketua DPR RI ke-20 sekaligus mantan Ketua Komisi III DPR RI bidang Hukum, HAM, dan Keamanan ini menjelaskan, contoh lain MPR dapat mengeluarkan Ketetapan atau TAP MPR adalah Ketetapan MPR No 1/2003 tentang Peninjauan Terhadap Materi dan Status Hukum Ketetapan MPRS dan MPR RI tahun 1960 sampai tahun 2002 yang dikeluarkan pasca reformasi.

Wakil Ketua Umum Partai Golkar sekaligus Kepala Badan Hubungan Penegakan Hukum, Pertahanan dan Keamanan KADIN Indonesia ini menerangkan, selain terkait TAP MPR RI, Prof. Yusril Ihza Mahendra dan Prof. Jimly Asshiddiqie juga mendukung agar Indonesia memiliki haluan negara, atau yang kini oleh MPR RI diberi nomenklatur Pokok-Pokok Haluan Negara (PPHN). Sebagai pedoman pembangunan nasional yang sesuai dengan perkembangan zaman dalam menghadapi tantangan Revolusi Industri 4.0, Society 5.0, SDGs dan MDGs, serta menyongsong Indonesia Emas 2045. Sekaligus menjamin kesinambungan pembangunan antara pemerintah pusat dan daerah, serta antara daerah yang satu dengan daerah yang lainnya.

“Setelah mengkaji berbagai alternatif payung hukum PPHN, dalam penelitian disertasi ini saya menemukan konsep legislasi bentuk dan dasar hukum PPHN yang paling pragmatis dan progresif dengan pengembangan penerapan teori hukum transformatif dari Prof. Ahmad M Ramly dan Teori Hukum Pembangunan Prof Mochtar Kusumaatmadja. Yaitu dalam bentuk konsensus melalui konvensi ketatanegaraan, yang dituangkan ke dalam TAP MPR dalam bentuk beschikking (tanpa perlu melakukan amandemen konstitusi). Isinya mengamanatkan dibuatnya UU tentang PPHN yang bersifat lex specialis (bersifat khusus). Sehingga untuk merubah atau membatalkannya juga harus melalui konvensi ketatanegaraan kembali yang melibatkan seluruh lembaga tinggi negara yang diatur dalam UUD NRI 1945. Mengapa? Karena jika hanya diatur dengan UU biasa, rawan ‘ditorpedo’ Perppu maupun di judicial review ke Mahkamah Konstitusi,” pungkas Bamsoet. (*)

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