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Sep 12, 2015

Lagi, Dikuasai oleh Negara

Ilustrasi: Rangka Tulang.

Salah satu sebab lemahnya kontrol pemerintah terhadap sektor-sektor yang menguasai hajat hidup orang banyak dimulai dari lemahnya penguasaan negara atas sektor-sektor tersebut. Dalam bidang migas, misalnya, Pertamina yang merupakan wakil pemerintah di sektor migas hanya menguasai 15 persen sekor hulu, sementara sisanya dikuasai oleh swasta, baik asing maupun domestik. Dengan tingkat penguasaan yang minim, negara jadi kehilangan kemampuan untuk mengatur dan mengontrol sektor bersangkutan, sebagaimana yang bisa kita lihat hari ini.

Para perancang negara kita sebenarnya telah menegaskan bahwa “Cabang-cabang produksi yang penting bagi Negara dan yang menguasai hajat hidup orang banyak dikuasai oleh Negara” (Pasal 33 Ayat 2 UUD 1945). Dengan rumusan tersebut para pendiri negara kita sudah membayangkan bahwa tanpa penguasaan maka pemerintah memang akan kehilangan kemampuan dalam mengatur dan mengontrol cabang-cabang produksi yang penting dan yang menguasai hajat hidup orang banyak.

Sayangnya, selama ini terjadi upaya sistematis untuk mengaburkan pengertian konsep “dikuasai oleh negara”. Dan celakanya, upaya pengaburan itu seringkali justru dilakukan dengan merujuk kepada keterangan yang pernah disampaikan oleh Bung Hatta sendiri. Kita tahu, Hatta adalah arsitek Pasal 33 UUD 1945. Dalam sejumlah tulisannya, Hatta memang pernah menulis bahwa “dikuasai tidak sama artinya dengan harus dimiliki oleh negara”. Hanya saja, konteks pernyataan Hatta itu adalah untuk meluruskan kesan yang keliru bahwa politik perekonomian Indonesia sama dengan negara-negara komunis, yang bersifat etatistik. Kesan itulah yang ingin dihindari oleh Hatta dalam penjelasannya.

Namun, jika dihadapkan pada persoalan bahwa negara semakin kehilangan otoritasnya dalam hal mengatur dan mengontrol sektor-sektor strategis karena minimnya faktor kepemilikan, Hatta tentu akan mengeluarkan pernyataan sebaliknya. Tak ada yang lebih jahat dari kenyataan bahwa pernyataan Hatta telah diperkosa untuk melegitimasi proses liberalisasi.

Jika kita baca lagi sejarah yang melatar-belakangi gagasan yang telah melahirkan Pasal 33, Hatta sebenarnya memperoleh gagasan tersebut dari Tan Malaka. Ketika Hatta masih seorang mahasiswa baru di Belanda, pada Juli 1922 ia pernah bertemu dengan Tan Malaka di Berlin, Jerman. Dalam pertemuan yang difasilitasi oleh Darsono itulah Hatta mendapatkan pemahaman awal mengenai interpretasi Tan Malaka mengenai komunisme, yang itu berbeda jauh dari interpretasi Stalin. Pada penjelasan Tan Malaka mengenai diktatur proletariat di pertemuan itu, yang juga sekaligus merupakan kritik Tan Malaka terhadap Stalin dan Soviet, Hatta memperoleh kata-kata yang belakangan menjadi “keramat”: “Produksi dikerjakan oleh semua untuk semua di bawah pimpinan atau penilikan anggota-anggota masyarakat”. Ya, kata-kata yang belakangan menjadi Penjelasan atas Pasal 33 UUD 1945 itu diserap Hatta dari Tan Malaka.

Tidak heran, ketika pemerintahan Soekarno dan Hatta terlihat begitu lembek ketika berunding dengan Sekutu, terutama karena begitu mudah mengiyakan pengembalian asset-asset asing pasca-Proklamasi, Tan Malaka mengemukakan kritik kerasnya. Dengan tegas Tan Malaka mengemukakan bahwa konsep “dikuasai oleh negara” itu semestinya mencakup pengertian (1) “dimiliki (owned)”, (2) “diurus” (managed), dan (3) “dikerjakan” (operated) oleh negara. Hanya dengan pengertian itulah, menurutnya, negara bisa menjamin sektor-sektor produksi yang penting dan menguasai hajat hidup orang banyak bisa memberikan manfaat untuk sebesar-besar kemakmuran rakyat.

Membaca berita di alamat ini [http://www.cnnindonesia.com/ekonomi/20150910171222-85-77941/demi-investasi-pemerintah-ubah-sejumlah-aturan-pertambangan/], kita bisa dengan jelas mengidentifikasi ‘standing point’ Menteri Sudirman Said. Baginya, regulasi pertambangan hanyalah soal kepastian usaha bagi para pemilik kapital. Dia sama sekali mengabaikan konsep bahwa negara, dimana dia menjadi representasi wakilnya, memiliki kewajiban untuk “memiliki”, “mengurus” dan “mengerjakan” sendiri kegiatan pengolahan kekayaan alamnya untuk sebesar-besar kemakmuran rakyat.

Sebuah pemerintahan yang dengan enteng sedang berusaha mengabaikan prinsip pokok dari Pasal 33 UUD 1945, pantaskah disebut sebagai pemerintahan yang tengah mengamalkan ajaran Trisakti Soekarno? []

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