Not all matters must be created by additional commissions and institutions

JAKARTA—After the amendment to the 1945 Constitution, there were quite significant changes in the state’s institutional structure. One of the changes is the proliferation of independent state institutions based on constitutional law, laws, and some are even only established by presidential decree.

“The amendment brings out the names of many good institutions that are explicitly mentioned, such as the MPR, DPR, DPD, President, even the mayor, and others. “Meanwhile, institutions whose nomenclature is not explicitly stated are the Central Bank, KPU, and others,” said Endang Sulastri in the Muhammadiyah-‘Aisyiyah Pre-Conference Seminar on Wednesday (16/03).

Endang Sulastri said that additions to state institutions were usually formed based on partial, incidental issues and specific responses to a problem. For example, the idea of establishing the Corruption Eradication Commission in 2002, whose legal basis was Law Number 28 of 1999 concerning the Administration of a State that is clean and free from KKN, was the state’s response to the prosecutor’s office and the police who could not be relied on to be the spearhead of eradicating corruption.

“The emergence of additional state institutions is usually because formal institutions are unable to resolve a problem. “For example, when the Corruption Eradication Commission appeared because people no longer trusted the police,” said Endang Sulastri.

Apart from the KPK, other examples of additional state institutions include the KPU, Bawaslu, Komnas HAM, KPAI and others. However, the problem is whether these additional state institutions have been effective in resolving various specific problems in accordance with their main tasks and functions? In some cases, these institutions actually give rise to new problems, such as the lizard vs crocodile case. Therefore, in reorganizing additional state institutions in Indonesia, it is necessary to return to the 1945 Constitution.

“Our country’s goal in the Preamble to the 1945 Constitution is to become an independent, united, sovereign, just and prosperous Indonesian nation. “Therefore, additional state institutions cannot be separated from the constitution, including regarding their function and position,” said Endang Sulastri.

Returning the principle of additional state institutions to the constitution in order to create a more streamlined and efficient structure so that it does not spend a lot of budget.

In organizing a democratic party based on Article 22E of the 1945 Constitution, for example, it states that elections are held by ‘a general election commission’. From this basis, three additional state institutions that managed elections were born, namely the KPU, Bawaslu and DKPP.

In fact, to be more efficient, it would be better if all election elements were simply handed over to the KPU. “We are not efficient in forming additional state institutions. Therefore, I am more inclined to return the election organizing institution, namely the KPU. Bawaslu simply needs to be handed over to the community. DKPP is the same way. “Every matter doesn’t need to be made by an institution,” said Endang Sulastri.

With many additional state institutions that are actually not very effective and efficient, Endang Sulastri suggested that state administrators carry out a comprehensive review.

In order for the main tasks and functions to be clear so that there is no overlap between institutions, the regulations for additional state institutions must at least be contained in a law that originates from the constitution. Apart from that, said Sulastri, not all matters require institutions to be formed by the government. Let the community be given space to truly participate in outreach, advocacy and supervision.

Because there are matters that can be resolved by the community without involving the government. For example, civil organizations that have long participated in many things in Indonesia, such as ICW, PMI, Muhammadiyah, and others. The government’s task is only to provide facilities, absorb aspirations, and follow up on policies.