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The Body of Democracy in the Hall of Pandemic
The law must be a glue of difference to produce a better direction.
R. Muhammad Mihradi
UNPAK - Does democracy have to take time off during the Covid-19 pandemic? Because, as if a paradox. Democracy demands a long talk to take public policy. Often noisy. Sprinkled debate and analysis.
Meanwhile, the government is required to decide with appropriate and measurable public policies. Because, the Covid-19 pandemic can't wait. It could be something that is struggling in the hearts of the public. But difficult to express.
For writers, it is not easy to peel this. But surely it must be dissected. Because, this is the essence of state life which is fought bloody by the founders of the nation.
Indeed, the problem, when the republic was founded, was not designed to be tested for a pandemic. That is, a state which was matured in the civilization of the proclamation of August 17, 1945, was rooted in the republic's vision which was expected to be normal. Although when compiled conditions are not normal.
Democracy as a strategy
The Covid-19 pandemic is indeed surprising. No country in the world predicts that this will happen. Although there are fiction films holywood predict the ferocious outbreak of the virus.
However, it is like a beach painting presented to be enjoyed while chewing popcorn. Then, fiction films become reality. The Covid-19 pandemic struck. Casualties. The state must act not only quickly but precisely.
In such contexts and conditions, democracy for writers requires a strategy of stimulating the public against the Covid-19 pandemic. Of course to get there, it needs to improve perceptions about democracy here and there.
First, it must be understood that the dilemma of democracy cannot be ignored.
According to the philosopher Lefort, the dilemma of democracy covers on the one hand in open democracy a space of openness and continuous conflict, but on the other hand democracy as a regime requires institutionalization and protection through law.
So, Lefort believes, to resolve this dilemma, democracy must be pushed towards the expansion and deepening of democracy so that it reaches those who are excluded (or excluded in democracy).
But on the other hand, law and political institutions must be strengthened in a space for growth and development of democracy that opens an atmosphere of participation and authentic people's sovereignty (Robertus Robert, 2008: 57-58).
Second, the institutionalization of people's sovereignty in contextual legal institutions.
In fact, the amendment to the post-reform 1945 Constitution has provided sufficient norm room for the state in a modest and flexible way to overcome turmoil in the public. Illustration of corona virus that spread in Indonesia. See Photo Illustration of corona virus that spread in Indonesia.
In Article 1 paragraph (2) the pre-amended 1945 Constitution requires sovereignty to be in the hands of the people carried out entirely by the MPR. So, after the amendment to the 1945 Constitution was amended, "sovereignty is in the hands of the people and is carried out according to the Basic Law".
This change actually adheres to Sri Soemantri's school of thought that sovereignty is indeed in the hands of the people but its implementation is outlined in the form of legislation (Jimly Asshidiqie, 1994: 77).
So, there is no longer a single authority that represents the people who have been identified as the MPR but what works is the authority based on how the legal provisions.
That way, as long as the law is accountable, in harmony with the aspirations of the people, the legitimacy of the state is getting stronger. The opposite adage also applies.
The provisions of the people's sovereignty which were passed on to the law became extraordinary capital for the government to face the Covid-19 pandemic. Several articles in the 1945 Constitution provide inspiration for the urgency of government institutions to take immediate and appropriate action in the context of a pandemic.
Like Article 12 of the 1945 Constitution, the President can declare a state of danger in which the conditions and consequences are regulated by law.
Likewise Article 22 of the 1945 Constitution in which the President has the right to stipulate government regulations as a substitute for a law (Perppu) in coercive interests.
Cannot be used arbitrarily
However, not necessarily, the various government weapons above in overcoming the conditions of urgency can be used arbitrarily.
First, in democracy, according to philosopher Slavoj Zizek, the power occupied in the name of the people is always a temporal empty place. Not permanent. So there is always an electoral system to emphasize the temporal.
When the temporal empty space is intended to be permanent by dismissing the electoral even though it turns into totalitarianism.
Second, the government cannot choose one or two articles in the constitution and then negate other articles. When a governmental issue establishes a Perppu, in the next session, the Perppu must obtain the approval of the House of Representatives (DPR). The presence of the DPR shows the people's sovereignty that is in balance with the government.
Of course on condition, the DPR is increasingly accumulating its character capital approaching the authenticity of the public vote. Likewise, when there is criticism, different views and opinions, for example in dealing with a pandemic, the government must not silence a different voice because there is Article 28 of the 1945 Constitution which guarantees freedom of opinion.
Of course this freedom also has a limit as long as it is not misused for things that are criminal in nature which are clearly regulated in various legal rules.
Maturity of democracy
Our democracy has always been perceived as always a consensus democracy.
His character softens differences and homogenizes the public. In fact, according to Ernesto Laclau and Chantal Mouffe, "it is impossible to assume homogeneity in a pluralistic democratic political condition".
So, urging democracy is radicalized by not ignoring conflict but dealing with conflict / antagonism within a democratic framework. This begins by identifying the opposing group not as an enemy but a friendly enemy.
With so a bad view of conflict will be reduced and pluralism or pluralism is seen positively (Boni Hargens, 2006: 95-96). So, the maturity of democracy will see the difference is a necessity.
Like a beautiful rainbow because it is colorful. If it's one color, it feels like the rainbow is losing its beauty. So, managing differences, caring for counterintuitive ideas will give birth to a public policy that is laden with sufficient nutritional consideration (deliberation).
The public was stimulated to think of it like the Covid 19 pandemic as not a mere government affair. But it becomes part of the common interest.
That way, when the government launches a New Normal policy against the Covid 19 pandemic, the public will be in tune in tune with the direction of the country's policies so that they can live better in a pandemic with the discipline of complying with health protocols.
In addition, the law must not be left behind when wrapping a policy. Because, if the law is left behind, then the triad of legal objectives namely certainty, justice and expediency will be damaged. We must learn from the unrest in the United States when the law discriminates, public anger is hard to block.
The law must be a glue of difference to produce a better direction. With a note, the law is produced from an optimal democratic process and the adoption of the principles and principles of universal law as the basis of human maturation.
In the end, the democratic body in the pandemic aisle is a test stone for the government and society to harmonize the steps to face the Covid-19 pandemic with synergy. This can only be achieved if all adult parties face problems.
The Prophet's hadith (HR Bukhari and Muslim) said "a strong person is someone who can, is able, and is able to control himself when he is angry".
The author thinks this applies both to the country and its citizens.
Source: https://nasional.kompas.com/read/2020/06/08/14382521/tubuh-demokrasi-di-lorong-pandemi?page=all#page3Download full storyLorong Pademi