JAKARTA – Ketua MPR RI sekaligus Wakil Ketua Umum Partai Golkar Bambang Soesatyo menegaskan, bahwa bentuk hukum PPHN apakah nanti cukup berdasarkan Undang-undang atau melalui suatu konsesus konvensi ketatanegaraan akan sangat tergantung pada kebutuhan rakyat. Kalau rakyat menilai PPHN cukup dengan undang-undang, selesai. Tapi kalau tidak cukup hanya dengan undang-undang karena akan mudah dibatalkan, baik melalui judicial review di MK (Mahkamah Konstitusi), atau diterpedo oleh Perppu pada periodesasi presiden berikutnya, maka harus ada cara atau jalan keluar memecahkan persoalan itu tanpa melalui amandemen atau melalui TAP MPR.
Seperti diketahui, pada hakikatnya, fungsi utama MPR adalah lembaga pelaksana kedaulatan rakyat. Karena seluruh anggota MPR (DPR dan DPD) adalah wakil rakyat yang dipilih langsung oleh rakyat melalui pemilihan umum (pemilu). Sehingga keputusan MPR harus berdasarkan kehendak mayoritas rakyat.
“Suara mayoritas yang saya pahami berdasarkan pertemuan langsung dalam kunjungan silahturahmi kebangsaan ke para tokoh bangsa, pimpinan partai politik, pimpinan organisasi keagamaan, organisasi kemasyarakatan dan berbagai elemen bangsa seperti Forum Rektor Indonesia, Lembaga Ilmu Pengetahuan Indonesia (LIPI) atau BRIN, PBNU, PP Muhammadiyah, PGI, hingga Majelis Tinggi Agama Konghucu (MATAKIN), serta sejumlah akademisi dari berbagai perguruan tinggi di Indonesia. Ada kebutuhan yang mendesak bagi bangsa ini untuk memiliki kembali
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perencanaan jangka panjang yang mampu mengikat kesinambungan dari setiap periodesasi pemerintahan yang satu dengan yang berikutnya. Baik pusat maupun daerah. Sehingga tidak ada lagi uang rakyat yang dikumpulkan melalui pajak, sia-sia menjadi proyek mangkrak karena tidak diteruskan atau diselesaikan,” ujar Bamsoet.
Seperti diketahui, berdasarkan laporan hasil Badan Pengkajian MPR RI, ada tiga alternatif pilihan bentuk hukum PPHN. Pertama, jika PPHN dalam bentuk rumusan pasal-pasal Konstitusi, maka kewenangan membentuk PPHN seharusnya ada di tangan MPR, sebagai satu-satunya lembaga perwakilan yang lengkap dan memiliki kekuasanan politik tertinggi, dimana salah satunya mengubah dan menetapkan UUD.
“Namun alternatif ini tidak direkomendasikan, karena jika diatur dalam Konstitusi, mekanisme perubahan akan sulit dilakukan, sedangkan PPHN adalah produk kebijakan yang berlaku periodik, dan disusun berdasarkan dinamika kehidupan masyarakat yang terus berkembang. Di samping itu, karena PPHN bersifat direktif, maka materi PPHN tidak mungkin dirumuskan hanya dalam satu pasal atau satu ayat saja dalam Konstitusi,” ujar Bamsoet saat menjadi narasumber dalam podcast ‘Back to BDM’ bersama Budiman Tanuredjo, di Jakarta, Sabtu (10/9/22).
Ketua DPR RI ke-20 sekaligus mantan Ketua Komisi III DPR RI bidang Hukum, HAM, dan Keamanan ini menjelaskan, alternatif kedua, jika PPHN dalam bentuk Ketetapan MPR, maka sudah pasti yang membuat adalah MPR. Persoalannya, untuk menetapkan Ketetapan MPR, maka diperlukan amendemen untuk mengembalikan kewenangan MPR dalam menetapkan haluan negara. Namun, karena situasi menjelang tahun politik, maka amandeman sulit dilakukan.
Inilah yang mendasari wacana penetapan PPHN melalui konsensus nasional sebagai konvensi ketatanegaraan.
“Alternatif ketiga, jika PPHN bentuk hukumnya adalah undang-undang, maka akan menjadi kewenangan DPR dan Presiden. Persoalannya, jika diatur dalam bentuk undang-undang, kedudukan hukumnya tidak kuat karena masih mungkin untuk ‘diganggu-gugat’. Tentunya tidak elok, PPHN sebagai sebuah haluan negara, misalnya digugat melalui judicial review ke Mahkamah Konstitusi, atau ‘diterpedo’ dengan PERPPU,” jelas Bamsoet.
Wakil Ketua Umum Partai Golkar dan Kepala Badan Hubungan Penegakan Hukum, Pertahanan dan Keamanan KADIN Indonesia ini menerangkan, merujuk pada pandangan tokoh pendiri bangsa, hakikat konvensi ketatanegaraan dinarasikan sebagai hukum yang tidak tertulis, berupa aturan-aturan dasar yang timbul dan terpelihara dalam praktek penyelenggaraan negara, meskipun tidak tertulis.
“Memaknai konvensi ketatanegaraan menurut sistem di Indonesia, kita dapat merujuk pada pandangan Bagir Manan yang mendefinisikannya sebagai kebiasaan/hukum yang tumbuh dalam praktik penyelenggaraan negara, melengkapi, menyempurnakan, menghidupkan atau mendinamisasi kaidah-kaidah hukum perundang-undangan atau hukum adat ketatanegaraan, serta mengisi kekosongan hukum formil yang baku,” terang Bamsoet.
Wakil Ketua Umum Pemuda Pancasila dan Wakil Ketua Umum FKPPI/Kepala Badan Bela Negara FKPPI ini menambahkan, dalam konteks Konvensi Ketatanegaraan PPHN yang akan diupayakan melalui Konvensi Ketatanegaraan, tentunya dimaksudkan dengan pertama-tama membangun konsensus nasional, kesepakatan bersama, untuk menghadirkan PPHN sebagai pedoman arah pembangunan nasional.
“Untuk menindaklanjuti kajian substansi dan berbagai bentuk hukum PPHN tersebut, pada tanggal 3 Oktober MPR akan menyelenggarakan Sidang Paripurna yang pertama sejak reformasi, dengan agenda pembentukan Panitia Ad Hoc MPR. Keputusan mengenai pilihan bentuk hukum mana yang akan diambil terkait PPHN, masih sangat dinamis. Tergantung hasil pembahasan tentang penbentukan Panitia Ad Hoc di Sidang Paripurna MPR mendatang,” pungkas Bamsoet. (*)
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