Dihadapan Penguji Promosi Doktor, Bamsoet Ingatkan Pentingnya MPR Memiliki Kewenangan Subyektif Superlatif Guna Antisipasi Terjadinya Kondisi Kahar Fiscal Akibat Krisis Ekonomi Dunia

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BANDUNG – Ketua MPR RI sekaligus Wakil Ketua Umum Partai Golkar Bambang Soesatyo mengingatkan Indonesia tidak boleh menjadi negara gagal dan mengalami kebangkrutan seperti Srilangka dan Ghana. Tidak boleh juga seperti tiga negara lainnya yang saat ini terancam sebagai negara gagal, yaitu Pakistan, Mesir dan Bangladesh. Indonesia juga tidak boleh terancam mengalami krisis perekonomian, khususnya krisis keuangan yang dikategorikan sebagai kahar fiscal.

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Karena itu kata Bamsoet, Indonesia perlu menghadirkan Pokok-Pokok Haluan Negara (PPHN) sebagai produk hukum yang dapat mencegah sekaligus menjadi solusi mengatasi persoalan yang dihadapi oleh negara dengan menggunakan kewenangan subjektif superlatif MPR RI sebagai lembaga tertinggi negara.

“Kewenangan subjektif superlatif itu juga penting berada di MPR jika negara dihadapkan pada situasi kebuntuan politik antar lembaga negara atau antar cabang kekuasaan. Misalnya, kebuntuan politik antara lembaga kepresidenan (pemerintah/eksekutif) dengan lembaga DPR (legislatif) atau kebuntuan politik Pemerintah dan DPR dengan lembaga Mahkamah Konstitusi (yudikatif). Siapa yang berhak memutuskan jika terjadi suatu kondisi force majeure atau kahar fiscal dalam skala besar, namun terjadi kebuntuan antara presiden dan DPR? Mengingat, dalam Pasal 22 UUD 1945 yang terdiri atas tiga ayat. Ayat pertama, dalam hal kegentingan yang memaksa. Presiden berhak menetapkan peraturan pemerintah sebagai pengganti undang-undang. Ayat kedua, peraturan pemerintah harus mendapat persetujuan DPR. Ayat ketiga, jika tidak mendapat persetujuan DPR, maka peraturan pemerintah itu harus dicabut. Lalu, jika terjadi perseteruan antara presiden (pemerintah) dengan DPR, sementara negara masih dalam situasi kedaruratan yang tinggi siapa yang menengahi? Menurut saya yang paling tepat adalah MPR sebagai representasi pemegang kedaulatan rakyat,” ujar Bamsoet menjawab pertanyaan Prof Mahfud MD dan Yusril Izha Mahendra dalam Sidang Terbuka Promosi Doktor Ilmu Hukum dari FH Unpad, di Bandung, Sabtu (28/1/23).

Para penguji terdiri dari Ketua Sidang Rektor Unpad Rina Indiastuti, Sekretaris Sidang Huala Adolf, Ketua Tim Promotor Ahmad Ramli dan Co Promotor Ary Zulfikar, dan Representasi Guru Besar I Gde Pantja Astawa. Serta oponen ahli yang terdiri dari Menkumham Yasonna H Laoly, Menkopolhukam Mahfud MD, Guru Besar Tata Negara Yusril Ihza Mahendra, Adrian E Rompis, dan Prita Amalia.

Turut hadir para pimpinan lembaga negara dari tiga cabang kekuasaan, eksekutif, legislatif, dan yudikatif. Antara lain para Wakil Ketua MPR RI Ahmad Basarah, Ahmad Muzani, Lestari Moerdijat, Jazilul Fawaid, Hidayat Nur Wahid, Yandri Susanto, dan Fadel Muhammad. Ketua BPK Isma Yatun, Ketua MK Prof. Anwar Usman bersama istri Idayati, Ketua KY Prof. Mukti Fajar Nur Dewata, Wakil Ketua DPR RI sekaligus Ketua Umum PKB Muhaimin Iskandar, Wakil Ketua DPR RI sekaligus Sekretaris Jenderal Partai Golkar Lodewijk Freidrich Paulus, serta Wakil Ketua DPD RI Sultan Najamudin bersama anggota DPD Jimly Asshiddiqie, Yoris Raweyai dan Yan Permenas Mandenas serta jajaran anggota Komisi III DPR RI antara lain Habib Aboe Bakar Al Habsy, Sarifuddin Sudding, Arteria Dahlan, Masinton Pasaribu, Herman Herry, dan Sari Yuliati.

Hadir pula Jajaran Kabinet Indonesia Maju antara lain Menkopolhukam Mahfud MD dan Menteri Hukum dan HAM Yasona Laoly, Kapolri Jenderal Pol Listyo Sigit Prabowo, Jaksa Agung ST Burhanuddin, Menteri ESDM Arifin Tasrif, dan Menteri Kesehatan Budi Gunadi Sadikin, Menteri Perencanaan Pembangunan/Bapenas Suharso Monoarfa, Menteri Agama Yaqut Cholil Qoumas, Menteri Tenaga Kerja Ida Fauziyah, Ketua KPU Hasyim Asy’ari, Sestama Badan Intelejen Negara (BIN) Bambang Sunarwibowo, Sestama BPIP Karyoto, Gubernur Jawa Barat Ridwan Kamil, Kapolda Jawa Barat Suntana, Gubernur Kalimantan Timur Isran Noor, Kepala BPKP Muhammad Yusuf Ateh, Ketua LPS Purbaya Yudhi Sadewa, dan Ketua KPPU M. Afif Hasbullah, Komisioner OJK Dian Ediana Rae.

Ketua DPR RI ke-20 dan mantan Ketua Komisi III DPR RI bidang Hukum, HAM, dan Keamanan ini menjelaskan, hari ini Indonesia dihadapkan pada fakta bahwa tidak lagi memiliki roadmap atau bintang pengarah berjangka panjang yang jelas, yang bisa menuntun kemana kapal besar bangsa ini akan dibawa berlabuh. Sehingga siapapun tidak akan mampu menjawab wajah Indonesia 2045. Padahal, bangsa Indonesia adalah pemilik berbagai sumber daya alam (SDA) terbesar dunia, antara lain nikel nomor 1 di dunia, batubara nomor 2 di dunia, emas nomor 9 di dunia, tembaga nomor 7 di dunia, dan gas alam nomor 13 di dunia.

“Ironisnya, sampai hari ini rakyat kita yang tinggal di berbagai lokasi sumber daya alam tersebut justru hidupnya masih berada di bawah garis kemiskinan. Bahkan di beberapa daerah Sulawesi yang merupakan wilayah kaya nikel, masih banyak yang hidupnya miskin ekstrim, dengan pendapatan rata-rata hanya Rp 600 ribu per tahun,” jelas Bamsoet.

 

 

Wakil Ketua Umum Pemuda Pancasila dan Wakil Ketua Umum FKPPI ini menerangkan, Indonesia butuh suatu perencanaan jangka panjang yang tepat, konsisten, berkelanjutan dan berkesinambungan dari suatu periode pemerintahan yang satu dengan pemerintahan berikutnya, serta antara pusat dan daerah. Sehingga mampu memanfaatkan sumber daya alam yang luar biasa tersebut untuk sebesarnya kesejahteraan rakyat. Mewujudkan cita-cita dan impian para pendiri bangsa untuk menghadirkan Indonesia yang sejahtera dan bahagia.

“Kita butuh memiliki haluan negara yang dikuatkan dengan landasan hukum yang lebih kuat, bukan sekedar melalui undang-undang yang setiap saat dapat ditorpedo dengan Perppu atau di judicial review ke MK. Landasan hukum yang kuat tersebut yakni berupa TAP MPR yang berada dibawah UUD NRI Tahun 1945 dan berada diatas undang-undang,” terang Bamsoet.

Wakil Ketua Umum SOKSI dan Kepala Badan Hubungan Penegakan Hukum, Pertahanan dan Keamanan KADIN Indonesia ini menambahkan, padahal para pendiri bangsa sejak awal kemerdekaan telah menyiapkan haluan negara sebagai road map pembangunan masa depan bangsa, yang dikuatkan dengan landasan hukum TAP MPR. Pada saat itu, Bung Karno dan Bung Hatta menyebutnya dengan nama Pola Pembangunan Semesta Berencana (PPSB) sebagai landasan program pembangunan nasional berdasarkan Ketetapan MPRS No.I/MPRS/1960 tentang Manifesto Politik Republik Indonesia sebagai GBHN.

“Terdapat juga Ketetapan MPRS No.II/MPRS/1960 tentang Garis-garis Besar Pembangunan Nasional Semesta Berencana 1961-1969 dan Ketetapan MPRS No.IV/MPRS/1963 tentang Pedoman-pedoman Pelaksanaan GBHN dan Haluan Pembangunan. Begitu juga di masa Orde Baru. Semua perencanaan jangka panjang yang merupakan haluan negara atau peta jalan bangsa dikuatkan dengan TAP MPR,” pungkas Bamsoet. (*)

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