Emergency Law should be revised, Yusril says<\/p>\n
JAKARTA (JP): Minister of Justice and Human Rights Yusril Ihza
\nMahendra said the government has intentionally postponed its
\napproval for the Emergency Law as it needs significant revision.<\/p>\n
\"Some of the articles in the law should be revised before we
\n(the government) approve it,\" Yusril told reporters on Wednesday
\nafter a hearing with the House of Representatives' Commission II
\nfor legal and domestic affairs.<\/p>\n
The articles that should be revised include a requirement that
\nthe imposition of a state of civil emergency requires the
\napproval of the provincial legislature.<\/p>\n
\"What about the emergencies in new provinces such as North
\nMaluku, which still does not have a legislative council?\" he
\nremarked.<\/p>\n
Asked about the amendment of the 1945 Constitution whereby
\narticle 20 (5) now states that the President should approve a law
\npassed by the House within a period of 30 days at the most,
\nYusril argued that this amendment was not applicable to the
\nEmergency Law.<\/p>\n
He claimed that the August amendment was not relevant as the
\nEmergency Law had been passed by the House last year and so still
\nrequired the approval of the President.<\/p>\n
\"We cannot act in a retroactive manner. The Emergency Law was
\nenacted prior to the passing of the constitutional amendment in
\nAugust of this year,\" Yusril, who is also a constitutional law
\nprofessor, remarked.<\/p>\n
House Speaker Akbar Tandjung reiterated on Wednesday that the
\nEmergency Law was already in effect, even though the President
\nhad yet to approve it.<\/p>\n
\"The law may be employed even though the President has yet to
\ngive his consent,\" Akbar, chairman of the Golkar Party, told
\nreporters.<\/p>\n
He said that his remarks were based on the substance of the
\namended Article 20 (5) which stipulates that a law should be
\napproved by the President within at least 30 days after being
\nenacted by the House, or else it would automatically come into
\neffect.<\/p>\n
During a consultative meeting with President Abdurrahman Wahid
\non Tuesday, the House leadership asked the President to quickly
\napprove the law.<\/p>\n
The law, passed by the House under the government of President
\nB.J. Habibie last year, was meant to replace the more draconian
\nand repressive 1959 Law on state emergencies.<\/p>\n
Thousands of people, including students, protested the bill at
\nthat time. At least four people, including a student of the
\nUniversity of Indonesia, were killed during the protests.<\/p>\n
The House's demand for the approval of the law was stated to
\nbe based on increasing violence in restive provinces which could
\nthreaten the country's integrity.<\/p>\n
The House leadership said that the police and Indonesian
\nMilitary (TNI) needed a legal basis to deal with riots across the
\ncountry. (jun)<\/p>",
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