Bill bans ministers from moonlighting
Kurniawan Hari, Jakarta
Anyone appointed minister in the next Cabinet will not be allowed to also hold a top position in a political party, social organizations, foundations or private companies, according to a draft law.
The draft, submitted last March by a group of 30 legislators from various factions, also bans Cabinet ministers from taking any position in organizations funded by the state.
Cabinet ministers violating the regulations, according to the bill, will be replaced.
All of the factions at the House of Representatives (DPR) agreed on Thursday that they would deliberate on the bill in the current session.
The absence of such a ruling has allowed many Cabinet ministers in President Megawati Soekarnoputri's "rainbow" Cabinet to keep key positions in their respective parties.
The Minister for Justice and Human Rights Yusril Ihza Mahendra, for example, is the leader of the Crescent Start Party (PBB), while State Minister for Cooperatives and Small and Medium Enterprises Alimarwan Hanan is deputy head of the United Development Party (PPP).
Other Cabinet ministers include State Minister for Research and Technology Hatta Radjasa, who is deputy secretary-general of the National Mandate Party (PAN), and State Minister for National Development Planning Kwik Kian Gie, who is an executive board member with the ruling Indonesian Democratic Party of Struggle (PDI-P).
Such arrangements have raised fears of a conflict of interest.
Dahlan Chudori, spokesman of the National Awakening Party (PKB) faction, said the bill would serve as a legal basis for the formation of the Cabinet.
The deliberation of the bill, he said, was mandated by the newly amended Constitution.
Article 17 (4) of the 1945 Constitution states that the formation, alteration and the dissolution of Cabinet ministries is regulated by law.
Mutamimmul Ula of the Reform faction said the formation of Cabinet ministry must be designed to help the president in achieving national goals.
To this point, the formation of the Cabinet was solely decided by the president without consulting the House. It empowers the president to make changes or to dissolve a ministry on a whim.
Former president Abdurrahman "Gus Dur" Wahid, for example, took an unprecedented step by dissolving the unpopular ministry of information and the ministry of social affairs in October 1999, arguing that the government must not interfere in information dissemination or social affairs.
Later in 2001, President Megawati Soekarnoputri revived the ministry of social affairs and set up the ministry of communications and information.
The draft also divides Cabinet ministries into two -- the ministries with portfolios and ministries without portfolios.
There are eight ministries that must be set up to help the President, namely the ministry of foreign affairs, the ministry of home affairs, the ministry of defense, the ministry of religious affairs, the ministry of national education, the ministry of health, the ministry of justice and human rights and the ministry of finance.
The president may also form coordinating ministries.
The president is not allowed to dissolve the eight ministries, but can dissolve or form other ministries with the consent of the House.