Liputan6.com, jakarta – Professor of Constitutional Law, Faculty of Law of the University of Pajajaran, Professor Suzi Dvi Hariji, proposed the Constitutional Court (MK) of the Republic of Indonesia to imitate the approach of the South African Constitutional Court in determining the official test of Law No. 3 of 2025 in relation to TNI.
This was transferred to Susi when he was present as an expert at the subsequent session of the official testing of the TNI Law in Jakarta on Monday (7/7/2025).
“For comparison, the Constitutional Court may feel the experience of the South African MK in the case Doctors for life in 2006. South African MK also emphasized that the alleged participation of the public was not enough to be formally desire, but also had to be significant or what was called as it was called Significant participationThe field is never again consult (Consultation), but enters participation (participation), ”said Susi.
According to him, now this is the right impetus for the development of MK Ri A significant participation test Or significant participation tests by creating more detailed criteria to ensure a specific implementation of public participation in the formation of laws.
The court, a long susy, can use the standard of the mind when assessing whether participation is carried out or not, namely, answering the fundamental question: did the legislator act properly, naturally and in proportion to the provision of a place to participate for the community?
He also emphasized that the level of rationality is very dependent on the nature and intensity of the influence of the law on the public. The more exposure, the higher the standard of participation that should be completed.
“Less time or limited costs or budget cannot be used as an excuse for the melting of public participation,” he said.
The SUSI assessment, the TNI law, is a legal product regarding fundamental issues, such as civil and military relations, the potential for expanding the role of TNI in civilian governments, protecting human rights.
The working meeting of the Ministry of Defense and the Commission of the House of Representatives I discussed the TNI bill in the protests of the luxurious hotel. Not only criticism of efficiency, but also the proposal of the bill on TNI was also considered dangerous, since it did not correspond to the elimination of military virgin activity.
