ABSTRACT
Regulation about authority
extension of the Council Honor Court and subpoena rights of House of
Representative regulated
in Law No. 17 of 2014 concerning
the MPR, DPR, DPD and DPRD (MD3 Law). MD3 Law has been amendment twice, last
with Law No. 2 of 2018
concerning the Second Amendment to Law No. 17 of 201 4. The Second Amendment raised polemic because consist
with three controversial articles related authority extension of the Council Honor Court and
subpoena rights of House of Representative , potentially
makes House of Representative into anti critic. The three articles were Article
73 section (3), (4), (5), and (6), Article
122 letter l, Article 245 section (1). Those three articles, judicial reviewed
to the Constitutional Court on 2018. According to ratio decidendi of
Constitutional Court in Decision No. 1 6/PUU-X V I/201 8, petition from Petitioner reasoned by law and granted in part .
The
purpose of this research was
to anal ysis ratio decidendi of Constitutional Court Decision Number 1 6/PUU-X V I/201 8 related authority extension of the Council Honor Court and
subpoena rights of House of Representative , and analy sis the legal consequences from the decision. This research uses
normative yuridical research . The approach used is statute
approach, case approach, and conceptual approach. Types of legal materials are
primary, secondary and non-legal .
All legal materials are collected through a research approach, managed with
selection of relevant legal materials and systematically compiled using
prescriptive analysis techniques.
The research result shows that Constitutional Court
ratio decidendi looks like inconsistent related subpoena
rights of House of Representative in Article 73 section (3), (4), (5), and
(6). On one side, Constitutional Court declared that House of
Representative can only does subpoena to someone in right of inquiry
context with police help. In the other side, Constitutional Court ratio
decidendi declared that the police can only does
subpoena related to the law enforcement process .
The authority
extension of the Council Honor Court in Article 122 letter l to takes legal steps or other steps to parties who insult
House of Representative and it’s member is too short, multi interpretations,
and brutal. MKD consideration in the
process of investigating DPR members who are suspected of committing a criminal
act as Article 245 paragraph (1), the Constitutional Court granted part of the
petition from the Petitioners. The decision of the Constitutional Court Number
16/PUU-XVI/2018 became ultra petita because it exceeded the Petitioner's
petition and made the Constitutional Court a positive legislator again.The
Constitutional Court is more right to grant the petition of the Petitioners in
full and doesn’t eliminate the MKD considerations but rather by limiting the
timing of consideration or by placing MKD considerations not as conditio sine
qua non issuance of the Presidential decree, because consideration and
agreement are different things. In
addition, the Constitutional Court must declare unconstitutional the word
"tidak" because it creates multi interpretations.
Keywords: The Council Honor Court, Subpoena, House
Of Representative, The Constitutional Court Decision.