Daniel A. Fajri, Jakarta – Constitutional law expert Zainal Arifin Mochtar questioned the ratio legis or reasons behind the bill on the special region of Jakarta (RUU DKJ), which allows the vice president to head the agglomeration area of Jakarta.
Constitutionally, Zainal assessed that the policy is ambiguous and full of conflicts of interest, particularly since President Jokowi's eldest son Gibran Rakabuming is running for vice president.
Article 51 of the bill states that regional developments including Jakarta and its neighbors viz. Bogor Regency, Tangerang Regency, Bekasi Regency, Cianjur Regency, Bogor City, Depok City, Tangerang City, South Tangerang City, and Bekasi City will be synchronized with the agglomeration area.
It also proposes the establishment of an Agglomeration Area Council which will coordinate the implementation of spatial planning for national strategic areas in the Agglomeration Areas and development planning documents. "The council shall be chaired by the Vice President," according to Article 55(2) of the bill.
Zainal explained that it is constitutionally confusing to give such powers to the vice president, who is supposed to serve as an assistant to the president. If the bill is passed, the vice president will have powers that the president cannot interfere with.
"This will harm the presidential system," he told Tempo on Sunday, Dec. 17.
The House of Representatives (DPR) declared the DKJ Bill as its initiative during a plenary session on Tuesday, Dec. 5. Article 10 of the bill, which allows the president to directly appoint the governor of DKJ, has also been controversial, as it is considered a conflict of interest.
Eight factions in the DPR supported the bill, while only the Prosperous Justice Party (PKS) opposed it. Except for the Gerindra Party, the majority of factions later switched course and expressed their objection.
Zainal said it is possible to designate special regions such as Aceh and Yogyakarta, referring to Article 18 of the Constitution, but the country has no blueprint for such a concept.
The lecturer at Yogyakarta's Gadjah Mada University said this has raised questions given the current different political perspectives ahead of the 2024 election.
"If Jokowi had no plans to take Gibran as a vice presidential candidate by violating the constitution and so on, people would probably not suspect much," Zainal said.
"If Kaesang hadn't suddenly entered national [politics], was not rumored to be mayor of Depok, and then [was not appointed] a party leader, people wouldn't be talking about it."
Meanwhile, President Jokowi stressed on Monday, December 11, that the DKJ bill was the DPR's initiative and had not yet been submitted to the government. He made a vague statement on the issue of the Jakarta governor being appointed directly by the president.