his article was first published in Kompas on 5 June 2024. This article has been translated using AI.
In democracy, one fundamental thing is to ensure that there are checks and balances on the practice of power.
Illustration: HERYUNANTO
Various events in national life recently have made our brows furrow even more.
Investigative journalism is threatened to be eradicated, the limit on the number of ministers will be eliminated, constitutional court judges with integrity are being removed, while the tenure of the national police chief is proposed to be extended. Students are forced to take out loans for their education, and workers’ salaries are deducted for housing contributions.
All of this is done through regulations. What is suffocating is the fact that citizens are excluded from the entire rule-making process. Suddenly, everyone just waits for the execution. The bill only needs to be approved, the rules are ready to be implemented, without adequate public consultation.
On the other hand, the civil space feels increasingly narrow. Activists’ criticism is seen as a threat, the expression of artists and cultural figures is considered resistance, and student protests are dealt with unjustly by the authorities. This is the time to digest the condition of living in a country and the next steps to take.
Controls and balances
In democracy, one fundamental matter is ensuring that there are checks and balances (checks and balances) on the practice of power. This role is held by those who place themselves outside the power structure, not joining or becoming part of the authorities.
In a parliamentary system, it is called opposition. In a presidential system, the term opposition is unknown, but its function is still necessary. If in a parliamentary system the opposition exists because of diametric ideological differences, in a presidential system the function of the opposition can be deliberately eliminated. Especially if there are no fundamental ideological differences between the winners and losers in power contestations such as elections. Why? So that the loser doesn’t bother you.
Therefore, it is not surprising that in a presidential system, the election winner tries to embrace the loser, both in the legislative and executive branches. In Indonesia, this feels ordinary, normal, and even receives cultural legitimacy: upholding the Eastern culture as a harmonious nation that loves peace, there is no need for conflict. The function of the opposition is deliberately shut down.
What President-elect Prabowo Subianto said, “If you don’t want to help, don’t interfere” (Kompas, 10/5/2024), shows exactly this logic.
Also President Joko Widodo’s direction to “neutralize political residue” after the 2024 Election (Kompas, 28/2/2024) actually refers to various criticisms of the problematic implementation of the election. Based on the same twisted logic. So, don’t be surprised if state officials and administrators are united like a chorus: don’t be in opposition and don’t act like the opposition – protest, criticize, let alone challenge government policies.
Unfortunately, this makes supporters and buzzers feel that they have been given space to take the law into their own hands on the streets, suppressing those they consider disturbing. Repression against civil society, academics and citizens, even the expulsion of the UN Special Rapporteur at the People’s Water Forum held during the World Water Forum in Bali (Kompas, 22/5/2024) is proof of this.
Indeed, if power is allowed to run rampant, it can be assumed that it will result in tyrannical leadership and abusive practices of power akin to that of a mafia. This is why, in national life, we need checks and balances. The need for an opposition function is becoming more urgent even in our presidential system.
What is distressing is the fact that citizens are excluded from the entire rule-making process.
Urgency
The opposition’s function is urgent not only because the various new regulations are problematic, but also because the consequences will crush various aspects of citizens’ lives and affect state capacity (state capacity).
This is where the importance of the opposition function is emphasized. It is precisely because unchecked exercise of power can be arbitrary. Recent series of issues have shown such symptoms.
Firstly, there is an effort to suppress investigative journalism through the revision of the Broadcasting Law, which was rejected by many academics, journalists, and civil society organizations. This revision prohibits coverage and airing of exclusive products from investigative journalism. However, investigations are the foundation of journalistic activities because they convey information that is not always accessible to the public.
He also threatened journalists with the ambiguous criminalization article for regulating the airing of programs containing fake news, slander, defamation, character assassination, blasphemy, violence, and radicalism-terrorism. This intention to silence press freedom shows the symptom of a government that cannot tolerate criticism.
Second, the removal of restrictions on the number of ministries through the revision of the Ministerial Law which is alleged to accommodate Prabowo’s political interests of revenge (Kompas, 10/5/2024).
This logic is misguided and misunderstood. It should actually be reduced because it can be consolidated. For example, empowering women and children through socializing, sports through education. Developed countries like the United States only have 15 ministries, China 26, the UK 24, and Australia 30. Why consolidation? Because the more ministries there are, the more difficult coordination becomes and the more severe the sectoral ego and compartmentalization. As a result, the implementation of development programs is hindered.
Third, revision of two law enforcement laws which are suspected to be full of political interests. The revision of the Constitutional Court Law shortens the term of office of constitutional judges and allegedly targets MK judges with integrity so they can be removed, but extends the term of office of Jokowi’s brother-in-law. Meanwhile revision of the Police Law is actually suspected to extend the term of office of the National Police Chief.
What is actually being destroyed is public trust in the supremacy of law: even regulations as high as laws are easily bent. For investors, legal certainty is the main consideration. This bending of the law is not something to be proud of, but it is embarrassing.
Lastly, after the public rejected and the policy of a single tuition fee was postponed, a mandatory contribution policy for the People’s Housing Savings Program (Tapera) for private sector workers emerged. The debate on tuition fees and Tapera is lengthy. However, to break free from the middle-income trap and pursue the dream of Indonesia Emas 2045, the government must be present in the knowledge and labor sectors that are the main drivers of the economy. The above matter points to two future challenges in national life.
Two challenges
First, democratic practices tend to be procedural, not substantial, resulting in the shrinking of civic space (the shrinking of civic space). The status as “flawed/limited democracy” (Economist Intelligence Unit, 2023) is an important reminder that our democracy in the future must be more genuine. Civil freedom of expression cannot be respected enough, but must also be protected.
It is the government’s task, through law enforcement agencies and the military, to not allow street trials to undermine democracy under the pretext of security and stability. The government must also firmly reject provisions prohibiting investigative journalism in the revision of the Broadcasting Law. All of this is to prevent Indonesia from further sinking into an authoritarian-democratic regime – seemingly democratic, but actually authoritarian, killing the substance of democracy.
What is actually being destroyed is public trust in the supremacy of law: even regulations as high as laws are easily bent.
Secondly, the low capacity of the state – the government’s ability to carry out development from the preparation of regulatory frameworks, institution arrangement, the development of accountability mechanisms, resource mobilization, to planning and control of development, both at the central and regional levels (Tilly, 1985; Nugroho & Sujarwoto, 2021).
Various recent legal and political incidents have highlighted four issues for the future of national life: law enforcement, public trust, governance, and conflicts of interest.
All four of these issues must be addressed: law enforcement must not be selective, public trust in the government must be rebuilt and maintained, good governance must become the main norm of the Republic, and conflicts of interest must not hinder development. That is why Prabowo must have a commitment to enhancing the state’s capacity.
How to do it? There are many ways. However, there are four keys. Firstly, legal and governance reforms to foster and organize public decency. Laws have been used as political tools for far too long, and governance has only been a sugary coating to cover up chronic conflicts of interest.
Without both, there will be no meaningful development achievements and the credibility of the new government will suffer. Restoring public trust in law, morality, and especially ethics is not easy. However, this must be a top priority agenda. This can start with the new government’s promise to fight corruption by strengthening the KPK and returning it to independence.
Second, the arrangement of the cabinet and ministries. Prabowo should not be tempted to enlarge his cabinet because it is not worth the risk of chaos in development implementation due to his own cabinet. Cabinets must be modern: sleek, agile, performance-focused and accountable.
However, changing the ministry formation at the beginning of the government’s term is indeed costly: there can be no quick fixes and development may be hindered. A strategy must be developed based on the key agenda for development reform: integrated planning with budgeting; synchronization of central development priorities and finances with regions; state revenue, inspectorate, financial supervision, and development control coordinated within the presidential institution.
For effective coordination, a committee mechanism between ministries can be considered for handling complex issues or executing priorities that involve multiple institutions (for example, “free nutritious lunch”).
This committee can also replace the role of the coordinating ministry if the cabinet is to be streamlined. Ministers must sign an integrity pact: no corruption and ready to be replaced if their work is unfinished. Ministerial positions should be filled by professionals. Even if politicians are appointed, their deputies must be skilled at implementation.
Third, bureaucratic reform. The root of low state capacity is the poor quality of the bureaucracy. It’s not just people, it’s also institutions. With 4.28 million state civil servants (ASN) working in 34 ministries, 160 non-ministerial institutions, 38 provinces, 416 districts and 98 cities—but 40 percent of them are of low quality (National Civil Service Agency, 2023)—ASN talent management must be a priority .
This is not just about salary, but the class and quality of the nation’s workforce. Low-quality civil servants are given the humane option to resign – for example, with a voluntary early retirement package – while attracting the best talent to work for the country by ensuring equal market value remuneration, a single salary system and clear career mapping, as well as open and fair task assignments and performance evaluations. Bureaucratic institutions must be streamlined and rejuvenated.
In addition to all the issues mentioned above, this increasingly emphasizes the need for an opposition function in the form of control and balancing in this country – both politically and in public policy.
Here, one question is sticking out: revision of the TNI Law gives soldiers more freedom to serve in civilian agencies (Kompas, 31/5/2024). Without contradicting civil-military, this must be prevented. Likewise for the police. The principle: let civil institutions remain in the hands of unarmed civilians; The military and APH remain in their duties of maintaining defense and security and enforcing the law.
Finally, innovation in the public sector. Technological advancements, especially digital, must be used to provide quality public services. Shared single data (Satu Data Indonesia) both statistical and geospatial – in the architecture of the government’s digital transformation – must become the backbone of providing and innovating public services to be faster, easier, and cheaper.
As data is the currency in the digital economy, a Personal Data Protection Act must promptly be established to ensure the protection of citizens’ data. Technological advancements drive innovation, but also bring consequences that need to be anticipated and mitigated.
In all technological developments—from medicine to artificial intelligence—governments must ensure availability, access, and literacy. ), and governance (governance). Only then can the government innovate in carrying out its mandate to improve the welfare of the people.
Stepping forward
Not long ago, we were stunned again: the Supreme Court changed the rules on the age limit for regional head candidates, allowing Jokowi’s son to compete in local elections. Problematic ethical and legal winning patterns in the 2024 Presidential Election could be repeated in local elections.
In addition to all the above matters, this further emphasizes the need for opposition functions in the form of checks and balances in this country – both politically and in public policy. A platform is necessary for those outside of power – civil society, academics, parties – to work together to criticize politics and policies.
In the short to medium term, the focus is on the government’s key policy transition. Then, evaluating the new government policies and their implementation. In the long term, the main agenda is consolidation of critical elements outside the government through civil political education and strengthening of public institutions. The goal is to ensure that the opposition function creates more fundamental social transformations and fosters democratic civil leadership.
The function of opposition in this state’s life is to nurture democracy, fight for justice, and realize the goals of the proclamation: a civilized, just and prosperous society.
