Bill allows convicts to lead legislative body
Kurniawan Hari, The Jakarta Post, Jakarta
House Speaker Akbar Tandjung, who has been convicted of misusing Rp 40 billion (US$4.49 million) in state funds and sentenced to three years in jail by the Central Jakarta District Court, would probably smile if he saw the latest draft of the bill on the composition of the People's Consultative Assembly (MPR), House of Representatives (DPR), Regional Representatives Council (DPD), and Regional Legislative Council (DPRD).
The bill, drafted by the Ministry of Home Affairs, stipulates that House leaders step down from their positions if they are found guilty of criminal conduct, convicted and sentenced to at least five years in jail.
The stipulation seems to demonstrate an intention to cultivate good governance in the country. The effort, however, is greatly undermined by the fact that it allows MPR, DPR, DPD and DPRD leaders who receive a sentence of less than five years to keep their positions.
This raises doubts that the administration of President Megawati Soekarnoputri was serious about establishing clean and good governance.
Article 21 of the draft says that House leaders -- consisting of one House speaker and three deputies -- quit their positions if they: (a) pass away; (b) resign; (c) are unable to discharge their duties; (d) are dismissed by the House's Honorary Council for violating the Code of Ethics; and (e) are convicted of a crime and sentenced to at least five years in jail.
The ruling also applies to MPR, DPD and DPRD leaders, at the provincial and regental levels.
Thus, a convict like Akbar, who was sentenced to three years in jail, would automatically be exempt under this ruling. Chances are that MPR, DPR, DPD and DPRD leaders could all be convicted criminals, given the fact that corruption thrives in the country.
The bill, which will be submitted to the House for deliberation later this month, governs the composition of MPR, DPR, DPD and DPRD.
The draft stipulates that the MPR consist of DPR and DPD members, who have been elected to their positions. DPR, on the other hand, should consist of members of political parties elected in the general elections. There are no appointees from the Indonesian military (TNI) or the national police.
The home affairs ministry proposes in the draft to increase the number of House members from the present figure of 500 to 550. No explanation is given for the proposed increase.
In endorsing the State Budget, the House and the President must take the opinion of DPD into consideration. The House selects members of the State Audit Body (BPK) with input from DPD. The House also approves the candidates of Supreme Justices nominated by the Judicial Commission, which has yet to be established. The House also gives approval to candidate members for the Judicial Commission.
Clearly, compared to the prior tasks and functions of the House as stipulated in Law No.4/1999, the tasks and functions of the House in the draft law are much more powerful.
As for the members of DPD, each province is to have four representatives. Their number, however, are not to exceed one- third of the total DPR members.
DPD is a regional representatives council which acts on the aspirations and interests of regions. DPD has the right to submit bills regarding regional autonomy, relations between the central and regional administrations, establishment of a new administration, natural resource management, and fiscal balance to the House.
DPD also provides inputs to the DPR on the state budget and bills on taxation, education and religion. All inputs should be submitted to the House before it begins deliberations with the government.
The Regional Legislative Council (DPRD) at the provincial and regency levels is a legislature that fights for the local people's aspirations and interests.
DPRD in provinces (or regencies), with the governor (or regent), has the authority to endorse regional regulations and to outline the regional budget. The provincial DPRD has the right to propose the dismissal of a governor to the president through the home ministry office, while a regental DPRD has the authority to propose the dismissal of a regent to the home minister, via the governor.
The legislative body also has the authority to monitor the performance of the regional administration.
Under the draft, legislators are not allowed to have more than one job or position as state officials, court justices, military officers, state enterprise officials, private school staff, public accountant, consultants, lawyers or doctors at private clinics.
A violation of this article may prompt the Honorary Council in each legislature to dismiss the perpetrators from the legislative offices.