American Journal of Economic and
Management Business
p-ISSN:
XXXX-XXXX
e-ISSN: 2835-5199
Vol. 3 No. 6 June 2024
American Journal of Economic and
Management Business
p-ISSN:
XXXX-XXXX
e-ISSN: 2835-5199
Vol. 3 No. 6 June 2024
Revitalization of
Group Envoys in the
Indonesian Representative System
Siti
Aminah1*, Ahmad Ahsin Thohari2, Taufiqurrohman Syahuri
3
Universitas
Pembangunan Nasional “Veteran” Jakarta, DKI Jakarta, Indonesia1,2,3
Email:
[email protected]
Abstract
The removal of
faction envoys from the Indonesian representative system, a legacy of the
founding fathers reflecting the character of the
Indonesian nation, occurred
during the reform era driven by a desire for
direct elections and negative perceptions
of the New Order regime. This study analyzes the implications
of this removal
and explores potential solutions to the arising
issues. Using a historical and analytical approach, the study examines the evolution of
the Indonesian representative
system and the founding fathers'
rationale for including faction envoys, assessing the impacts of
their removal. Findings indicate that this removal
has created a gap in representing
diverse societal groups within the
MPR, potentially obstructing
the aspirations of people outside
political and regional interests. The study concludes that excluding faction envoys introduces challenges in accommodating the diverse aspirations of the Indonesian people, necessitating thoughtful solutions and mitigation efforts to ensure
comprehensive representation
until a permanent solution is found.
Keywords:
Revitalization, Group Envoys,
Representatives System.
INTRODUCTION
The envoys
of the factions
in the Indonesian representative
system which is the legacy of the founding fathers
as a reflection of the character of
the Indonesian nation have become a thing
of the past
In the theory of Diversification
by Hoowgewerf divides three characteristics
or characteristics of representative institutions, namely consisting of political
representatives, Functional
or Occupation Representation and regional representatives: Heinz Eulau also classifies representatives into three centers of
attention, namely attention to groups,
attention to parties and attention
to the regions
represented. Indonesia's representative system before the amendment
was what was the focus
of Hoowgewerf's theory of diversification as well as following Heinz's theory of representative classification.
After the
amendment, Indonesia's representative system has undergone a shift, namely by eliminating
the element of functional representation
so that it
only consists of elements of
political representation and regional representation which in the end
can cause representative problems
The urgency of
this research is crucial considering the role of Envoys in the Indonesian
representative system, which remains a subject of debate
This research aims
to analyze the historical role and evolution
of Indonesia's representative system, evaluate the impact
of post-amendment changes that eliminated
functional representation, and identify the
representation gaps resulting from these changes. It also focuses
on the potential
for representative hegemony due to
the dominance of political representatives,
which could lead to control
of the state
by a single group or family
METHOD
The research methodology for examining the
historical evolution of Indonesia's representative system integrates a comprehensive literature review with key analytical
approaches
Utusan Golongan as the Character of the
Indonesian Nation Manifestation
of the Founding
Fathers
The envoys of
the faction in the Indonesian representative system are one of the elements
that form people's sovereignty which has a long history by going through
various views and discussions by the founding
fathers
In the minutes
of the BPUPKI session, it can
be said that
the envoys are the legacy of the founding fathers
which at the same time
reflect the character of the
Indonesian nation. Sri Soemantri Martosuwignyo
gave an explanation
of the origin
of the existence
of the MPR, both in terms of
membership, trial and authority. When the investigating
body had reached the level of formulating
the content of the Constitution,
Chairman Radjiman Widyodiningrat formed three committees. Namely the committee
for the defense
of the homeland,
the committee for drafting the
Constitution, the committee for finance
and economics. The drafting committee of the Constitution
was chaired by Ir. Soekarno
As we know
that Prof. Mr. Soepomo is an expert
in customary law and therefore we
can trace the thoughts contained
in the Constitution, it is likely
that it cannot
be separated from his thoughts about customary law. Perhaps this
is the reason
why the People's
Consultative Assembly emerged in which all elements of
Indonesian society can sit
in it
In the Constitution,
it can be
seen in the composition of the assembly, which
consists of members of the
House of Representatives, delegates from regions and groups.
And to this
assembly is given or according
to the Constitution
Article 1 Paragraph (1) or Article 1 Paragraph
(2); who fully implement the sovereignty
of the people.
So the sovereignty
of the highest
power that exists in the people,
it is carried
out by the
People's Consultative Assembly.
Before the
BPUPKI period, one of the founding
fathers of the nation, Tan Malaka, was the first
person to initiate the idea of
the Republic of Indonesia,
as in 1925 written in his book
entitled Naar de Republiek Indonesia (Towards the Republic of Indonesia). In his view, the most ideal form of state
for the Indonesian nation is in the
form of a republican state, a form of republican
state will give the people
sovereignty over their country, not like a monarchy whose sovereignty is in the hands of
a king. Through its sovereignty, the people can
determine their own fate, no
longer leaving it to one
specific group or individual. "The drafters
of the 1945 Constitution did seek to integrate
an incomplete understanding of people's sovereignty or democracy."" Therefore, if we
really want to base our
country on the idea of
family, help, mutual cooperation and social justice,
remove every thought, every individualism and liberalism from it."
The idea of
democracy with a stronger spirit of kinship (gotong-royong) was articulated by Soekarno
In his remarks as the Syusa of the
Constitution Drafting Committee, Soekarno, who at the time
of the session
was a member of BPUPKI, expressed his views on the
basis of the state as follows: 'Dear ladies and gentlemen!
We design the Constitution with the sovereignty of the people,
and not the sovereignty of individuals." Sukarno further
stated that "The sovereignty of the people is
once again, and not the sovereignty of individuals. This is the
understanding of the Constitution Drafting Committee, the only guarantee
that the entire Indonesian nation will survive in the future
Furthermore, Hatta is of the
view that, although the word
democracy comes from the Greek
tradition which was later adopted
by Western society, the values
contained in democracy are also values that
have long been rooted in Indonesian culture, which is represented
in the tradition of deliberations and consensus of
"village democracy",
in order to find agreement on differences
of opinion. With the heritage
of the original
democracy (village), Hatta stated: So, we
do not throw away what is
good on the
old principles, do not replace Indonesia's original democracy with imported goods. We revive the original
democracy, but not in the ancient place,
but at a higher level, according to the will
of the present
life" (Hatta, 1932; 1998: 347).
In political democracy,
one of the
important issues that needs to
be put forward
is how a state government is run. Democracy
provides basic guidance that government
must originate from and involve
the people in the country
Hatta also expressed
his views regarding the basis of the
state that "We must pay attention
to the conditions
so that the
country we create does not become a State of Power. We want a managing country, we develop
a new society based on mutual
cooperation, joint efforts; Our aim is to reform
society
From several
views and opinions, BPUPKI finally agreed on the
basis of the state as we know
it in the formulation of article 2 paragraph 1 of the 1945 Constitution
which reads: "The People's Consultative Assembly consists of members of
the House of Representatives, plus delegates from regions and
groups according to the rules
stipulated by law".
The purpose and
motive behind the elements of
envoys from the factions and
the elements of envoys from
the regions were solely to embody
the people in the Indonesian representative system through their membership in the MPR which at
that time was the embodiment
of people's sovereignty
Indonesian Representative System
Referring to
Hoogewerf's view in his book "Politics", Representative Theory is reviewed from the diversification that determines the character or distinctive
characteristics of a people's representative body. The essence of Hoowgewerf's Theory of Diversification
is that there
are three characteristics or characteristics of representative institutions, namely consisting of political
representatives, Functional
or Occupation Representation, and regional representatives: Furthermore,
Heinz Eulau related to this representative
system classifies representatives into three centers of
attention, which are viewed from the
point of view of attention
to the 'represented',
namely, the people. First, pay attention to the
group. Second, pay attention to
the party. Third, pay attention
to the regions
represented.
If we look
at the second
and third classifications of what Eulau mentioned,
then we can
immediately understand its relationship with 'political representation by political parties
Before the
amendment of the 1945 Constitution, the "Theory of Consolidated Representation"
was reflected in the membership of the MPR. As stipulated in Article 2 paragraph (1) of the 1945 Constitution, the membership of the People's
Consultative Assembly (MPR)
consists of all members of
the House of Representatives (DPR), plus delegates
from regions and groups according
to the rules
stipulated by law. In the explanation
of Article 2 paragraph (1) of the 1945 Constitution, what is meant
by "groups are collective bodies such as cooperatives, trade unions. Then,
representatives of this group are referred to as functional groups. Thus, it can
be said that
the MPR is a representative body or institution that reflects three
representations, namely political representation (DPR), territorial representation or regional representation
(Regional Representatives), and
functional representation
(Group Representatives). (Ellydar
Chaidir, 2007: 130).
After the Amendment
of the Constitution
of the Republic of Indonesia in 1945, the
Indonesian Representative was
applied to three representative institutions
From these
three representative institutions, we can see that
based on their membership, they are only represented
politically by political parties and represented by regional representatives only, while functional representatives who are representatives of groups or
groups in society are
"groups of people based on
tradition, region, race, language, religion, livelihood or economy
and so on."
"In MPR membership, there
is no longer
an element of functional group
envoys. There is only membership
that reflects political representatives and regional representatives."
The composition of representatives in Indonesia today,
it will be
able to spark
the emergence of problems in society in the life of the
nation and state, including the following:
Not Belonging to
All Elements of Society
The state is
a container of group plurality and interests are the construction of living together
with all elements and units
of nationality
One of the
pillars of the Indonesian nation is diversity which
is a recognition of the diversity
that is born,
lived, grew and developed in Indonesian society. The character of Indonesian society as described in the Pancasila State Foundation is a religious and plural (plural) society. In Indonesian society, there are many groupings based on ethnicity, culture,
language and religion that have
different characters and interests from
the interests of other groups.
Each group has its own interests,
so that the
interests of different groups cause political parties to experience
difficulties in being able to accommodate
them as a whole.
According to
Jimly Assiddiqie in his book Principles
of Indonesian Constitutional
Law, the Republic of
Indonesia is one of the countries
with a very large territory and a very large
population. Therefore, the 1945 Constitution, which has since adhered to the
principle of "all must be
represented", instituted
the three principles of political
representation, territorial
representation, and functional representation at the same
time in the membership of the
people's consultative body in the MPR.
Dominance of
Political Representation
With the
elimination of group delegates in the Indonesian representative system, political forces increasingly control the representatives,
which in the worst case is
when regional representatives
begin to be filled by
politicians who leave political parties because they are no longer
in line with the party's vision
and mission or because they
want to pursue
a solo career. The peak of political dominance
in the Indonesian representative
system occurred when politicians who claimed to
be regional representatives
but were actually still partisans of political parties
even forced themselves to be
able to run
as regional representatives even
though at that time they
were still serving as party chairmen.
In the current
Indonesian representative system,
political parties do have a very
vital role in the relay of the
leadership of the Indonesian nation in the future
From the
description above, it can be
concluded that the element of
the envoy as the character of
the Indonesian nation which is affirmed
as one of the pillars of
the nation, namely bhinneka tunggal ika , should have
gained a measurable place in the Indonesian representative system, but realizing that
to re-place the element of
the envoy as one of the
filler elements in the Indonesian representation requires a difficult path, one of
which is through amendments, Therefore, it is necessary
for us to
seek temporary solutions while waiting for the
amendment process as an effort to
mitigate the absence of elements
of class disunity in the Indonesian representative system, among others, several
efforts can be made as follows:
1.
Affirmative
policy
According
to Jimmly Asshidqie, In order to preserve the idea of functional representation
in Indonesia, its realization can only be institutionalized through the
membership system of the DPR and DPD, for example, by giving certain allotments
to certain functional groups, such as to women. This kind of idea is considered
important as a special treatment that is positive to help certain groups in
society who are classified as very lagging behind in their role in the formal
political representation system. This kind of policy is commonly called
affirmative policy which is recognized under
the Limburg Principles as a legitimate special treatment. This system of
representation is included in the definition of functional representation.
The
existence of a representative institution in a democratic country is essential
because it functions to represent the interests of the greater people. It is
through this representative institution that the aspirations of the people are
accommodated which are then contained in various kinds of general policies/laws
and regulations that are in accordance with the aspirations of the people. And
so that all the aspirations of the community can be accommodated, the DPR and
DPD as legitimate representative institutions in Indonesia can provide
allotments/opportunities to every element of society to be involved in their
political parties. The principle of people's sovereignty, in addition to being
embodied in the form of laws and regulations that will be produced, is also
reflected in the institutional structure and mechanism of the state and
government that ensure the upholding of the legal system and the functioning of
the democratic system.
2.
Civil
Society Organizations (CSOs)
Indonesia's
current representative system, which does not provide measurable space for
group delegates, so that representation cannot accommodate all the smallest
units of all elements of the nation as an ideal that is parallel to the purpose
of protecting and respecting human rights is still difficult to realize. The
desire to regulate measurably for the existence of faction delegates in the
Indonesian representative system is very necessary considering the level of
urgency in the life of Indonesian representatives who adhere to the democratic
system.
The
existence of the Group Envoys actually represents a variety of civil society
organizations (CSOs). If the basis of the debate is the need for the
aspirations and interests of these various organizations to be represented,
then there is no need to go through the formation of Group Envoys. The active
and meaningful involvement of these groups in the process of formulating
policies related to their interests is a strategy that is seen as having more
potential to produce better outputs and outcomes.
CONCLUSION
The research concludes that the presence of group
envoys is crucial for upholding Indonesia's national ideals and maintaining its
unitary state, anchored in the principle of bhinneka
tunggal ika. By serving
as a manifestation of this diversity within Indonesia's representative system,
group envoys act as a counterbalance to political dominance, ensuring a
balanced representation of societal facets beyond political interests. Their
inclusion in the People's Consultative Assembly (MPR) not only diversifies its
membership, historically dominated by political entities, but also strengthens
national character by integrating non-political societal voices. To address
current exclusions in the representative system, affirmative policies and civil
society organizations play pivotal roles in ensuring broader societal
participation and optimizing the role of group envoys.
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Copyright holders:
Siti
Aminah, Ahmed Hussain Thohari, Taufiqur Rehman Kalsauri (2024)
First
publication right:
AJEMB
– American Journal of Economic and Management
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