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Pemerintah telah menerbitkan Perppu Ciptaker No.2/2022 pada 30 Desember 2022, yang bertujuan membentuk UU baru tentang Ciptaker, sebagai pengganti UU No.11/2020 yang seharusnya masih dalam proses pembentukan oleh pemerintah bersama DPR, akibat dinyatakan inkonstitusional bersyarat oleh Mahkamah Konstitusi (MK). Banyak kalangan, pakar dan aktivis menyatakan penerbitan Perppu tersebut melanggar konstitusi. Karena itu mereka menuntut agar Presiden Jokowi segera menjalani proses pemakzulan.
Sebelum membahas mengapa proses pemakzulan relevan, perlu diingatkan bahwa melalui Putusan No.91/PUU XVII/2020, MK telah menyatakan pembentukan UU No.11/2020 tentang Ciptaker cacat formil, sehingga statusnya inkonstitusional bersyarat. Meskipun dinyatakan berlawanan dengan UUD 1945, UU Ciptaker No.11/2020 masih dianggap berlaku, dengan syarat dalam dua tahun ke depan (November 2023) harus diperbaiki. Jika tidak, maka UU No.11/2020 menjadi inkonstitusional dan tidak berlaku secara permanen.
Sebenarnya, karena cacat formil, maka UU Ciptaker No.11/2020 seharusnya otomatis batal demi hukum, karena inkonstitusional. Sebab, yang digugat rakyat dalam judicial review UU No.11/2020 ke MK terutama adalah proses pembentukannya, bukan materi muatannya. Tampaknya guna memenuhi kepentingan oligarki yang terus memaksakan agenda UU Ciptaker, maka MK mengaitkan putusan uji formil (mestinya mudah diputuskan) dengan materi muatan UU. Sehingga diperoleh putusan “yang sengaja dibuat ambigue”: inkosntitusional bersyarat.
Ternyata Putusan MK No.91/2020 yang diduga sarat rekayasa, by designed dan moral hazard tersebut masih juga belum memuaskan dan mengamankan kepentingan oligarki. Maka diambillah langkah inskonstitusional berikut, yakni penerbitan Perppu Ciptaker No.2/2022. Karena merasa sangat berkuasa di satu sisi, serta lumpuhnya DPR, lembaga-lembaga penyeimbang dan para pakar di sisi lain, maka pemerintah sangat confident bahwa dalam waktu dekat Perppu No.2/2022 akan segera berubah menjadi UU.
Terlepas sikap confident di atas, kita perlu memahami masalah dan sekaligus mengusung sikap perlawanan. *Pertama,* dengan menerbitkan Perppu dan mengeliminasi Putusan MK No.91/2020, maka Presiden Jokowi secara terang-terangan telah melakukan tindakan melawan hukum dan pembangkangan terhadap UUD 1945. Meskipun ada alasan lain, alasan pertama berupa pembangkangan terhadap UUD 1945 ini merupakan kejahatan konstitusional sangat fatal. Sehingga pelakunya, terutama Presiden Jokowi, sangat layak dan konstitusional untuk segera dimakzulkan!
*Kedua,* kondisi kegentingan memaksa sesuai ketentuan Pasal 22 ayat 1 UUD 1945 yang menjadi dalih penerbitan Perppu sangat absurd, mengada-ada dan sarat kebohongan. Dikatakan, Perppu perlu terbit karena kondisi ekonomi global bermasalah di satu sisi, serta kondisi keuangan negara dan minat investasi yang tidak terjamin di sisi lain. Padahal sebelum Perppu tebit, pemerintah dan DPR telah menyetujui pertumbuhan ekonomi Indonesia 2023, seperti tercantum dalam UU APBN 2023, adalah 5,3%. Presiden Jokowi pun telah menandatangani UU No.28 Tahun 2022 tentang APBN 2023 pada 27 Oktober 2022.
Sambil merujuk kondisi dan prospek ekonomi global, Kemenkeu pun telah menyatakan ekonomi Indonesia 2023 masih sangat kuat (20/12/22). Menkeu Sri Mulyani pernah mengatakan (1/12/22) pertumbuhan ekonomi Indonesia 2023 berkisar antara 5,1% hingga 5,3%. Kemarin (3/1/23), karena kondisi global dan berbagai faktor lain, disebutkan pertumbuhan eknomi nasional memang bisa turun menjadi 4,7%. Meski demikian, angka 4.7% ini masih sangat besar untuk menunjukkan ekonomi nasional jauh dari kondisi darurat.
Pada tahun 2021 pertumbuhan ekonomi Indonesia 3,39%, dan meskipun petumbuhan ini cukup rendah, kondisi ekonomi dan investasi Indonesia ternyata tidak genting. Apalagi jika proyeksi pertumbuhan 2023 naik menjadi 4,7%. Maka kondisi ekonomi nasional 2023 akan menjadi tetap baik, dan tidak akan mengalami kondisi kegentingan memaksa. Sehingga faktor ekonomi dan investasi menjadi sangat tidak relevan menjadi alasan penerbitan Perppu Ciptaker.
*Ketiga*, diyakini yang menjadi motif utama penerbitan Perppu Ciptaker, seperti yang telah kami ungkap berulang-ulang, adalah bagaimana memenuhi kepentingan dan target-target oligarki: *tetap mendominasi kekuasaan dan dapat meraih rente sebesar mungkin*. Guna meraih target tersebut, maka tampaknya bagi rezim oligarkis, prinsip-prinsip moral Pancasila, amanat konstitusi, kehidupan demokrasi, prinsip GCG dan suara rakyat menjadi faktor-faktor remeh temeh yang akan diterabas dengan manghalalkan segala cara.
Sikap hipokrit rezim sudah menjadi hal yang lumrah. Guna menarik simpati rakyat, dan target Presiden periode ke-3, meski sangat minim prestasi, indikator ekonomi dinyatakan baik, terus diumbar dan dibesar-besarkan. Namun guna menjustifikasi dibentuknya UU Ciptaker yang sarat kepentingan oligarki dan sekaligus memeras rakyat, faktor ekonomi digambarkan bermasalah. Sikap ini sangat memalukan sekaligus menunjukkan kekuasaan semau gue dan otoriter.
Autoritarianisme telah mencengkeram hampir semua lembaga negara. Maka tak heran jika DPR, MK, MA, Polri, KPK, dan lembaga-lembaga terkait lain nyaris tak terdengar membela kepnentingan negara dan rakyat. SDA minerba bernilai lebih dari Rp 5000 triliun milik rakyat sudah dirampok pengusaha oligarkis melalui UU Minerba No.3/2020. MK sudah dibungkam dan disuap/gratifikasi dengan berbagai fasilitas pada UU No.7/2020. Industri nikel dikuasai oligarki dan China dengan berbagai insentif fiskal/keuangan dan penjajahan TKA China. IKN melalui UU No.2/2022 akan dibangun untuk menjadi lahan bisnis oligarki dan asing, yang sekaligus menggadaikan objek vital nasional.
Minimal hanya berlandas pada butir pertama di atas, maka sudah sangat layak jika rakyat menuntut Presiden Jokowi menjalani proses pemakzulan sesuai Pasal 7 UUD 1945. Difahami bahwa secara ringkas proses tersebut harus dimulai dari langkah DPR mengajukan usul kepada MK perihal adanya pelanggaran oleh presiden. MK kemudian melakukan persidangan. Jika MK memutuskan presiden terbukti melakukan pelanggaran hukum, DPR menyelenggarakan sidang paripurna untuk memutuskan dan meneruskan usul pemberhentian presiden kepada MPR. MPR wajib menyelenggarakan sidang untuk memutuskan usul DPR tersebut paling lama 30 hari sejak MPR menerima usul dari DPR.
Menilik peta politik di DPR dan MPR, kemungkinan terjadinya proses pemakzulan sangat kecil, bahkan sejak langkah pertama pengajuan usul dari DPR ke MK. Faktanya sebagian besar pimpinan partai telah “tersandera”. Pengusaha oligarkis pun akan cepat beraksi meredam jika ada move untuk memulai penggalangan usul ke MK. Namun demikian, rakyat tidak boleh putus asa. Mari terus hidupkan aspirasi dan semangat proses pemakzulan. Rakyat tidak boleh kalah dan hanya jadi objek penguasa-pengusaha oligarkis. Akhirnya, bisa saja tiba saatnya, pemakzulan bukan melalui MPR, tetapi melalui pengadilan jutaan rakyat yang menuntut diakhirinya rezim otoriter pembangkang konstitusi.
Jakarta, 4 Januari 2023
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