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)