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Bisnis.com, JAKARTA – Constitutional law expert Refly Harun assessed that the implementation of the health protocol compliance task in DKI Jakarta is not adequate for the Polda Metro Jaya assessment.
This was broadcast via Refly Harun’s YouTube account titled “Anies was treated unfairly !!”, on Wednesday (11/18/2020).
In the video, Refly Harun was shocked when Jakarta DKI Governor Anies Baswedan was first summoned by Polda Metro Jaya in the framework of a crowd-related crime at Habib Rizieq Shihab’s residence.
Meanwhile, Rizieq, who is the host, in this context the main actor, has not been summoned by Polda Metro Jaya.
“Anies as governor of DKI Jakarta is the party that carries out the task of enforcing health protocols. It should not be up to law enforcement officials to judge him,” Refly was quoted as saying on Thursday (11/19/2020).
Regarding the subject of this evaluation, Refly mentioned three relevant parties that were suitable for evaluating the implementation of the DKI Jakarta government health protocol led by Anies Baswedan.
First, the DKI Jakarta DPRD. According to him, the assessment carried out by the DPRD is a political approach. Refly revealed that DKI Jakarta DPRD can exercise its rights, including the right to ask questions, the right to interpellation, the right to investigation, the right to express opinions.
“Use it if it is related to political aspects,” Refly said.
Second, the central government. The evaluation of the central government to local governments is an administrative aspect. The reason is because the local government is a sub-national where the central government can request clarification from the local government, in this case the DKI Jakarta government.
However, Refly emphasized that this clarification is not from superiors to subordinates, but from a government structure above to a government structure below.
“So the structure is hierarchical but the officials are not superior or subordinate. For example, a minister is clearly subordinate to the president, but a governor is not subordinate to the interior minister,” he explained.
He added that there are rights and obligations of each position, so they must respect each other in accordance with the authority granted them by law.
Third, the people of DKI Jakarta. Another suitable party to assess the actions of the DKI Jakarta government, including DKI Jakarta Governor Anies Baswedan, is the people of DKI Jakarta. Refly refers to this evaluation as an aspect of the social approach.
“So if we talk about social issues, the DKI people have to evaluate whether the local government fulfills its duties correctly or not. This is an evaluation, it can result in social sanctions. Social sanctions are yes, for example, the election you don’t choose again, “Refly said.
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