Assembly regularly makes mistakes, law expert says<\/p>\n
JAKARTA (JP): The People's Consultative Assembly is not
\nsupposed to establish decrees during its five-yearly general
\nsession, a constitutional law expert said over the weekend.<\/p>\n
Harun Alrasid of the state-run University of Indonesia said
\nthe 1945 Constitution did not assign the Assembly to set up
\nsecond-class laws but top-notch ones, namely the constitution.<\/p>\n
\"The Assembly has always made mistakes every time it convenes
\nby creating laws which are unrecognized by the constitution,\"
\nHarun said in a discussion held by the Indonesian Democratic
\nParty (PDI) faction in the Assembly.<\/p>\n
The constitution stipulates the Assembly is the highest state
\ninstitution. It is responsible for enacting a constitution,
\ndrawing up State Policy Guidelines and electing a president and
\nvice president.<\/p>\n
The Assembly is now deliberating drafts of decrees until Jan.
\n23 next year.<\/p>\n
Harun said internal rules had caused the Assembly to commit
\nrepeated errors. The rule, renewed every five years since 1978,
\nstates that the Assembly will not change the constitution,
\nalthough the constitution itself says it is subject to amendment.<\/p>\n
\"Ironically, the Assembly has breached its own pledge. It has
\nestablished many decrees that change the constitution,\" he said.<\/p>\n
For example, Harun said the Assembly always states that a
\npresidential candidate must be at least 40 years old, although
\nthe constitution does not set an age limit.<\/p>\n
Another constitutional law expert Satya Arinanto, also from
\nthe University of Indonesia, played down Harun's opinion, saying
\nit dealt with technical matters.<\/p>\n
Satya said although the constitution did not explicitly
\nmention the Assembly's right to issue a decree, the state's
\nhighest institution carried out jobs which were decisive to
\nIndonesian people.<\/p>\n
The Provisional People's Consultative Assembly established in
\n1966 the hierarchy of Indonesian laws that placed Assembly
\ndecrees second behind the constitution. The present Assembly has
\nyet to drop its predecessor's ruling.<\/p>\n
Instead of questioning the legitimacy of Assembly decrees,
\nSatya suggested open debate on the Assembly's performance.<\/p>\n
He said the Assembly, currently in session, should focus on
\nstrategic decisions in the wake of future challenges.<\/p>\n
\"I suggest Assembly members not establish minor decrees as
\nthey did in the past,\" Satya said. He said a 1983 decree crowning
\nPresident Soeharto the Father of Development was unnecessary.
\n(amd\/prb)<\/p>",
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