Bill allows convicts to lead legislative body

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.