Assembly regularly makes mistakes, law expert says

Assembly regularly makes mistakes, law expert says

JAKARTA (JP): The People's Consultative Assembly is not
supposed to establish decrees during its five-yearly general
session, a constitutional law expert said over the weekend.

Harun Alrasid of the state-run University of Indonesia said
the 1945 Constitution did not assign the Assembly to set up
second-class laws but top-notch ones, namely the constitution.

"The Assembly has always made mistakes every time it convenes
by creating laws which are unrecognized by the constitution,"
Harun said in a discussion held by the Indonesian Democratic
Party (PDI) faction in the Assembly.

The constitution stipulates the Assembly is the highest state
institution. It is responsible for enacting a constitution,
drawing up State Policy Guidelines and electing a president and
vice president.

The Assembly is now deliberating drafts of decrees until Jan.
23 next year.

Harun said internal rules had caused the Assembly to commit
repeated errors. The rule, renewed every five years since 1978,
states that the Assembly will not change the constitution,
although the constitution itself says it is subject to amendment.

"Ironically, the Assembly has breached its own pledge. It has
established many decrees that change the constitution," he said.

For example, Harun said the Assembly always states that a
presidential candidate must be at least 40 years old, although
the constitution does not set an age limit.

Another constitutional law expert Satya Arinanto, also from
the University of Indonesia, played down Harun's opinion, saying
it dealt with technical matters.

Satya said although the constitution did not explicitly
mention the Assembly's right to issue a decree, the state's
highest institution carried out jobs which were decisive to
Indonesian people.

The Provisional People's Consultative Assembly established in
1966 the hierarchy of Indonesian laws that placed Assembly
decrees second behind the constitution. The present Assembly has
yet to drop its predecessor's ruling.

Instead of questioning the legitimacy of Assembly decrees,
Satya suggested open debate on the Assembly's performance.

He said the Assembly, currently in session, should focus on
strategic decisions in the wake of future challenges.

"I suggest Assembly members not establish minor decrees as
they did in the past," Satya said. He said a 1983 decree crowning
President Soeharto the Father of Development was unnecessary.
(amd/prb)