“What we need to understand is the relationship between law and politics. So when we talk about law and politics, we usually talk about two sides of the relationship. The first gives birth to what is called a policy in the field of law (legal policy), and the second is the political and legal dimension (Politics of Law)," said Aidul when he was a resource person for a webinar themed "Indonesian Law and Politics" to the participants of the National Political Leadership School (SKPB). Akbar Tandjung Institute Batch X Series 13, held zoom, Wednesday (4/8/2021) night.
Aidul explained that the policy in the legal sector consists of three things including the formation of law, namely (legislation) the Constitution, MPR Decrees, and Laws. Furthermore, law enforcement (regulation and adjudication) government policies, court decisions, and three legal reforms (legislation, regulation, adjudication).
“Legal policy can be seen from the formation of laws or legislation, or in the form of the Constitution, MPR Decrees, Laws. There will be seen what the actual direction of the legal policy is? And that's where the political process influences the direction of policy," said Aidul.
Aidul gave an example of the policy direction, such as the process of changing the status of the Corruption Eradication Commission (KPK) employee to ASN.
"For example, what is a bit prominent, for example in the case of the KPK, for example, yes. There is a political process, there is a legislative process for the formation of a law which leads to, for example, one of them is changing the status of KPK employees to ASN, then there are also some wiretappings and then they are restricted. It's part of actual legal policy. And that is the authority of the legislation," he explained.
Second, explained Aidul, legal and political relations gave birth to forms of law enforcement, such as regulations, and can also be found in court decisions. Aidul said that in court there would be a legal policy, and there would also be a political dimension.
"Secondly, we can see from the formation of laws, regulations, for example licensing, as well as adjudication, adjudication is dispute resolution. And government policies, such as the question of investment, the problem now for example about PPKM, quarantine, now that is a legal policy, "he explained.
"Because the judges, especially the Supreme Court justices, are selected through a political process, although there is a selection process, in the end it is also a political process," he added.
Furthermore, Aidul added, legal and political relations can occur in the legal reform process.
"This can be passed through the legislative process in the DPR, regulations in the government. There are many legislative processes in the DPR, for example the latest law reform which caused a lot of controversy, namely the Omnibus Law. The Omnibus Law model alone is a reform model, although it is not new at all for us, but it is relatively new compared to previous legal policies in Indonesia," he explained.
Aidul further explained that the second political and legal relationship is the political and legal dimensions (Politics of Law).
At least Aidil mentioned three theories related to this, including the class approach model. Where in this case the state is a tool of class interests.
“Both Pluralist approaches, the state is neutral, law is a product of political configuration. The three institutional approaches are that the state is autonomous towards the interests of the community, the law is a product of the interests of the state autonomously," he concluded.
Previously, the Program Director of the AT Institute, Dr. Agustian, Executive Director of AT Institute Dr. Puji Wahono hopes that the webinar can increase knowledge, especially for friends from the National Political Leadership School (SKPB) Akbar Tandjung Institute Batch X Series 13.
“Hopefully this can add new knowledge, or refresh the knowledge that is already owned. Tonight is certainly very proud for us, because Prof. Aidul gave his knowledge to all of us," said Puji.
Present at this event, Director of the AT Institute Program, DR. Agustian, Executive Director of the AT Institute, Dr. Puji Wahono, and the Principal of SKPB, Dr. Alfan Alfian.
SKPB regularly invites experts from various fields of science and practitioners to fill in the creative and actual learning process.
