Bill allows convicts to lead legislative body<\/p>\n
Kurniawan Hari, The Jakarta Post, Jakarta<\/p>\n
House Speaker Akbar Tandjung, who has been convicted of misusing
\nRp 40 billion (US$4.49 million) in state funds and sentenced to
\nthree years in jail by the Central Jakarta District Court, would
\nprobably smile if he saw the latest draft of the bill on the
\ncomposition of the People's Consultative Assembly (MPR), House of
\nRepresentatives (DPR), Regional Representatives Council (DPD),
\nand Regional Legislative Council (DPRD).<\/p>\n
The bill, drafted by the Ministry of Home Affairs, stipulates
\nthat House leaders step down from their positions if they are
\nfound guilty of criminal conduct, convicted and sentenced to at
\nleast five years in jail.<\/p>\n
The stipulation seems to demonstrate an intention to cultivate
\ngood governance in the country. The effort, however, is greatly
\nundermined by the fact that it allows MPR, DPR, DPD and DPRD
\nleaders who receive a sentence of less than five years to keep
\ntheir positions.<\/p>\n
This raises doubts that the administration of President
\nMegawati Soekarnoputri was serious about establishing clean and
\ngood governance.<\/p>\n
Article 21 of the draft says that House leaders -- consisting
\nof one House speaker and three deputies -- quit their positions
\nif they: (a) pass away; (b) resign; (c) are unable to discharge
\ntheir duties; (d) are dismissed by the House's Honorary Council
\nfor violating the Code of Ethics; and (e) are convicted of a
\ncrime and sentenced to at least five years in jail.<\/p>\n
The ruling also applies to MPR, DPD and DPRD leaders, at the
\nprovincial and regental levels.<\/p>\n
Thus, a convict like Akbar, who was sentenced to three years
\nin jail, would automatically be exempt under this ruling. Chances
\nare that MPR, DPR, DPD and DPRD leaders could all be convicted
\ncriminals, given the fact that corruption thrives in the country.<\/p>\n
The bill, which will be submitted to the House for
\ndeliberation later this month, governs the composition of MPR,
\nDPR, DPD and DPRD.<\/p>\n
The draft stipulates that the MPR consist of DPR and DPD
\nmembers, who have been elected to their positions. DPR, on the
\nother hand, should consist of members of political parties
\nelected in the general elections. There are no appointees from
\nthe Indonesian military (TNI) or the national police.<\/p>\n
The home affairs ministry proposes in the draft to increase
\nthe number of House members from the present figure of 500 to
\n550. No explanation is given for the proposed increase.<\/p>\n
In endorsing the State Budget, the House and the President
\nmust take the opinion of DPD into consideration. The House
\nselects members of the State Audit Body (BPK) with input from
\nDPD. The House also approves the candidates of Supreme Justices
\nnominated by the Judicial Commission, which has yet to be
\nestablished. The House also gives approval to candidate members
\nfor the Judicial Commission.<\/p>\n
Clearly, compared to the prior tasks and functions of the
\nHouse as stipulated in Law No.4\/1999, the tasks and functions of
\nthe House in the draft law are much more powerful.<\/p>\n
As for the members of DPD, each province is to have four
\nrepresentatives. Their number, however, are not to exceed one-
\nthird of the total DPR members.<\/p>\n
DPD is a regional representatives council which acts on the
\naspirations and interests of regions. DPD has the right to submit
\nbills regarding regional autonomy, relations between the central
\nand regional administrations, establishment of a new
\nadministration, natural resource management, and fiscal balance
\nto the House.<\/p>\n
DPD also provides inputs to the DPR on the state budget and
\nbills on taxation, education and religion. All inputs should be
\nsubmitted to the House before it begins deliberations with the
\ngovernment.<\/p>\n
The Regional Legislative Council (DPRD) at the provincial and
\nregency levels is a legislature that fights for the local
\npeople's aspirations and interests.<\/p>\n
DPRD in provinces (or regencies), with the governor (or
\nregent), has the authority to endorse regional regulations and to
\noutline the regional budget. The provincial DPRD has the right to
\npropose the dismissal of a governor to the president through the
\nhome ministry office, while a regental DPRD has the authority to
\npropose the dismissal of a regent to the home minister, via the
\ngovernor.<\/p>\n
The legislative body also has the authority to monitor the
\nperformance of the regional administration.<\/p>\n
Under the draft, legislators are not allowed to have more than
\none job or position as state officials, court justices, military
\nofficers, state enterprise officials, private school staff,
\npublic accountant, consultants, lawyers or doctors at private
\nclinics.<\/p>\n
A violation of this article may prompt the Honorary Council in
\neach legislature to dismiss the perpetrators from the legislative
\noffices.<\/p>",
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