MPR decrees require four new institutions<\/p>\n
Kurniawan Hari, The Jakarta Post, Jakarta<\/p>\n
Despite its inability to achieve consensus on amending some
\ncrucial articles in the Constitution, the People's Consultative
\nAssembly (MPR) has amended a number of other articles.<\/p>\n
These amendments, when in force, require establishment of at
\nleast four new institutions that will become part of the state
\nadministrative system.<\/p>\n
The new institutions will include the Regional Representatives
\nCouncil (DPD), the Constitutional Court, the Judicial Commission
\nand the chapters of the State Audit Agency (BPK) in each
\nprovince.<\/p>\n
The establishment of the Regional Representatives Council,
\nalong with the existing House of Representatives (DPR), will lead
\nto the creation of a bicameral legislative system which is
\nexpected to be more responsive to the will of citizens in remote
\nareas.<\/p>\n
The Judicial Commission will mainly be tasked with submitting
\nnominees for Supreme Court Justices to the House of
\nRepresentatives (DPR) for approval.<\/p>\n
The nine-member Constitutional Court will have the authority
\nto review the laws, to resolve disputes between state
\ninstitutions, to dismiss political parties and to resolve
\ndisputes of election results.<\/p>\n
The special court must also scrutinize the opinion of the
\nHouse of Representatives (DPR) concerning possible violations
\nconducted by the president or the vice-president.<\/p>\n
To boost the state auditing capabilities, a chapter of BPK
\nwill be established in all provinces across the country.<\/p>\n
More regulations concerning the composition and membership of
\nthose four institutions will be regulated by laws.<\/p>\n
Key points of the third amendment:<\/p>\n
* The Assembly has the authority to enact the Constitution
\n(guidelines for National Police, excluded)<\/p>\n
* The presidential and vice presidential nominees are
\nIndonesian citizens by birth, who have never changed citizenship,
\nnever betrayed the state and possess mental and physical ability.<\/p>\n
* The president and the vice president are directly elected as
\na team during general elections.<\/p>\n
* The team of nominees are submitted by a political party or a
\ngroup of political parties before the election.<\/p>\n
* The presidential, vice presidential teams can be directly
\nelected if they manage to collect more than half of the overall
\npopular vote in the election, while winning at least 20 percent
\nof the vote in at least 17 of the 33 provinces -- or more than
\nhalf of the provinces.<\/p>\n
* The president and vice president can be unseated by the
\nAssembly at the request of the House of Representatives if either
\nis proven to have committed legal violations, betrayal against
\nthe state, corruption, bribery, other high crimes or is proven no
\nlonger capable of fulfilling the respective duties required by
\nthe president or vice president.<\/p>\n
* The proposal for the ouster of the president or the vice-
\npresident can be submitted to the Assembly after a request to the
\nConstitutional Court to examine the opinion of the House.<\/p>\n
* Should the Constitutional Court declare that the president
\nor the vice-president is guilty of breach of law in the forms of
\nbetrayal against the state, corruption, bribery and other crimes,
\nthe House will ask the Assembly to convene on it.<\/p>\n
* In creating international agreements that broadly impact on
\nthe people, the president must get approval from the House.<\/p>\n
* The members of the DPD shall be elected in each province and
\nthe total number of members must not exceed one-third of the
\nHouse members.<\/p>\n
* The general elections are held to elect members of the
\nHouse, the Regional Representatives Council, and the respective
\nregional Houses of Representatives.<\/p>\n
* The State Budget will be submitted by the president for
\ndeliberation at the House of Representatives with regard to the
\naspirations of the Regional Representatives Council.<\/p>\n
* The State Audit Agency will be in the capital city and have
\nchapter offices in each province.<\/p>\n
* The judicial power will be held by the Supreme Court and
\nother bodies below it in the general court, religious court,
\nmilitary court, state administrative court and a Constitutional
\nCourt.<\/p>\n
* Supreme Court justice nominees are proposed by a Judicial
\nCommission to the House of Representatives for approval.<\/p>\n
* Members of the Judicial Commission will be appointed by the
\npresident with approval from the House.<\/p>\n
* The Constitutional Court has nine members to be endorsed by
\nthe president. Three each will come from the judicial branch, the
\nlegislative branch and the executive branch.<\/p>\n
Items postponed for amendment<\/p>\n
* The composition of the Assembly and whether to include the
\nInterest Groups or not.<\/p>\n
* Whether to give the Assembly authority to elect the
\npresident and the vice president should the teams of nominees be
\nunable to collect more than half of the votes in the first round
\nof balloting.<\/p>\n
* Provisions for what should be done if the president and the
\nvice president are unable to carry out state duties, and whether
\nit would be carried out by a triumvirate of foreign minister,
\nhome minister and defense minister; or carried out jointly by the
\nHouse Speaker and DPD Chairman.<\/p>\n
* Whether the currency is clearly written Rupiah or decided
\nlater in law.<\/p>",
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