Legislator questions policy of presidential decrees<\/p>\n
JAKARTA (JP): A legislator yesterday questioned the wisdom
\nbehind the government's decision to issue presidential decrees,
\nbypassing the House of Representatives, in preference to
\nlegislation which the House must approve.<\/p>\n
Anak Agung Oka Mahendra, of the ruling Golkar faction, during
\na parliamentary hearing with Minister\/State Secretary Moerdiono,
\nsaid the number of presidential decrees far exceeds that of
\ngovernment regulations.<\/p>\n
Moerdiono, while saying that he would take note of Oka's
\npoint, gave his assurances that all presidential decrees are
\nintended to complement existing laws, rather than simply
\nlegitimizing anything the bureaucracy likes to do as some people
\nsuspect.<\/p>\n
The government carefully considers all relevant socio-
\npolitical aspects before drafting a presidential decree,
\nMoerdiono said during a hearing with Commission II which deals
\nwith domestic affairs.<\/p>\n
None of the thousands of presidential decrees had been made
\nwithout considering relevant laws, he said. \"If there are one or
\ntwo decrees perceived to have weaknesses, it must be because our
\ncapability as human beings is limited.\"<\/p>\n
Presidential decrees are issued to provide detailed guidelines
\nfor the implementation of the laws passed by legislature, he
\nadded.<\/p>\n
Statistics at the state secretariat disclosed by Moerdiono
\nshow that of the 12,517 regulations passed since Indonesia gained
\nindependence in 1945, 7,937 were presidential decrees, 476
\npresidential instructions, 2,454 government regulations and 978
\nlaws. The rest are mostly laws and regulations passed during the
\nSukarno administration, including 179 martial laws.<\/p>\n
\"What's the criteria that qualifies something to be regulated
\nby a presidential decree?\" Oka asked. \"There is an impression
\nthat anything can be regulated by a presidential decree.\"<\/p>\n
He said a presidential decree should be issued only for
\nspecial matters as required by the rules made by the Provisional
\nPeople's Consultative Assembly (MPRS) in 1966, which is the legal
\nbasis for issuing presidential decrees.<\/p>\n
He warned that loopholes in some presidential decrees could
\nbackfire on the government. He cited as an example this month's
\nlawsuit against President Soeharto by 11 non-governmental
\norganizations, which are disputing his decree allowing the use of
\nRp 400 billion ($190 million) in government reforestation funds
\nto finance the state-owned aircraft industry (IPTN).<\/p>\n
\"We don't want to see officials tampering with the court's
\nindependence if the case is brought to court,\" Oka said.<\/p>\n
Moerdiono said the President plans to meet with the NGOs in
\nthe State Administrative Court and will not interfere with the
\nlegal process. \"The President has seen the charges, so let's see
\nif the court will consider the suit valid,\" he said.<\/p>\n
The NGOs spearheaded by the Indonesian Environmental Forum
\n(Walhi) said the presidential decree issued in June violated
\nprevious regulations on how the funds should be used.<\/p>\n
A number of outspoken NGOs also have spoken out against a plan
\nto issue a presidential decree to regulate their activities,
\nstressing that they will only accept being regulated by a law
\nissued by the House of Representatives. (pan)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/legislator-questions-policy-of-presidential-decrees-1447893297",
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