Bill reveals confusion on state administration<\/p>\n
Kurniawan Hari, The Jakarta Post, Jakarta<\/p>\n
Two constitutional law experts have sharply criticized the newly
\nendorsed bill on the composition of legislative bodies that gives
\nmore power to the House of Representatives and will make changes
\nto the political system.<\/p>\n
Harun Al-Rasyid of the University of Indonesia said that a
\ncomprehensive study should be conducted immediately to propose a
\nreview; otherwise, there would be a permanent error in the
\ncountry's political system.<\/p>\n
\"We need an extensive study about the state administration
\nfollowing the amendment of the 1945 Constitution and the
\nenforcement of the bill in the future, because there are too many
\nconfusions,\" he told The Jakarta Post when asked to comment on
\nthe bill on Friday.<\/p>\n
He said that between the bill and the amended Constitution,
\nthere is an overlap between a presidential and a parliamentary
\nsystem, with more power given to the House. This will contradict
\nthe Presidential Elections Law, which endows more power to future
\npresidents, as they will be elected directly by the people.<\/p>\n
The bill, which was endorsed by the House this week,
\nstipulates that the House has the legislative power to approve
\nall regulations issued by the government.<\/p>\n
It also stipulates that the president needs the House's
\napproval for the appointment and replacement of members of the
\nJudicial Commission and bilateral agreements with foreign
\ncountries, and that it must consult its opinion for the
\nappointment of ambassadors.<\/p>\n
Denny Indrayana of Gadjah Mada University (UGM) in Yogyakarta
\nconcurred and said the House could be uncontrollable and the
\nlegislature-heavy bill could cause a major disruption in the
\nrelations of state institutions, especially between the
\nlegislative and the executive bodies.<\/p>\n
He said the bill made the legislative body more powerful,
\nwhile the next president was also more powerful through a direct
\nelection.<\/p>\n
The bill has also sparked criticisms from numerous sides
\nbecause it allows the House to summon state officials, executives
\nof state institutions and ordinary citizens for questioning.<\/p>\n
The House is allowed to order the police to arrest an
\nindividual for a maximum duration of 15 days if those summoned
\nrefuse to appear.<\/p>\n
The stipulation is relatively light in comparison to the
\ncurrent law, which stipulates that those who ignore a House
\nsummons can be charged with contempt of parliament with a maximum
\none-year imprisonment.<\/p>\n
A member of the special committee deliberating the bill,
\nBaharuddin Aritonang, disclosed that the stipulation on the power
\nof the House to order police detention was proposed by Minister
\nof Home Affairs Hari Sabarno.<\/p>\n
Aritonang also said that he was among those legislators
\nopposing the stipulation, saying that there must also be stern
\npenalties for legislators failing to attend House meetings.<\/p>\n
Harun, also a former adviser to former president Abdurrahman
\nWahid, said that an independent group was making preparations to
\nask the Supreme Court to review the political laws, because they
\nwould raise great confusion among the people.<\/p>\n
Regarding the role of the People's Consultative Assembly (MPR)
\nin the new era, Harun said that the Assembly would only have the
\nauthority to amend and enact the Constitution, and to officiate
\nthe elected president and vice president.<\/p>\n
He said the Assembly would no longer be the supreme state
\ninstitution, but simply a high state institution, at the same
\nlevel with the House and the Regional Representatives Council
\n(DPD).<\/p>\n
Under the new system, the Assembly will only form when the
\nHouse and the DPD conjoin in a session.<\/p>",
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