Bill reveals confusion on state administration
Bill reveals confusion on state administration
Kurniawan Hari, The Jakarta Post, Jakarta
Two constitutional law experts have sharply criticized the newly
endorsed bill on the composition of legislative bodies that gives
more power to the House of Representatives and will make changes
to the political system.
Harun Al-Rasyid of the University of Indonesia said that a
comprehensive study should be conducted immediately to propose a
review; otherwise, there would be a permanent error in the
country's political system.
"We need an extensive study about the state administration
following the amendment of the 1945 Constitution and the
enforcement of the bill in the future, because there are too many
confusions," he told The Jakarta Post when asked to comment on
the bill on Friday.
He said that between the bill and the amended Constitution,
there is an overlap between a presidential and a parliamentary
system, with more power given to the House. This will contradict
the Presidential Elections Law, which endows more power to future
presidents, as they will be elected directly by the people.
The bill, which was endorsed by the House this week,
stipulates that the House has the legislative power to approve
all regulations issued by the government.
It also stipulates that the president needs the House's
approval for the appointment and replacement of members of the
Judicial Commission and bilateral agreements with foreign
countries, and that it must consult its opinion for the
appointment of ambassadors.
Denny Indrayana of Gadjah Mada University (UGM) in Yogyakarta
concurred and said the House could be uncontrollable and the
legislature-heavy bill could cause a major disruption in the
relations of state institutions, especially between the
legislative and the executive bodies.
He said the bill made the legislative body more powerful,
while the next president was also more powerful through a direct
election.
The bill has also sparked criticisms from numerous sides
because it allows the House to summon state officials, executives
of state institutions and ordinary citizens for questioning.
The House is allowed to order the police to arrest an
individual for a maximum duration of 15 days if those summoned
refuse to appear.
The stipulation is relatively light in comparison to the
current law, which stipulates that those who ignore a House
summons can be charged with contempt of parliament with a maximum
one-year imprisonment.
A member of the special committee deliberating the bill,
Baharuddin Aritonang, disclosed that the stipulation on the power
of the House to order police detention was proposed by Minister
of Home Affairs Hari Sabarno.
Aritonang also said that he was among those legislators
opposing the stipulation, saying that there must also be stern
penalties for legislators failing to attend House meetings.
Harun, also a former adviser to former president Abdurrahman
Wahid, said that an independent group was making preparations to
ask the Supreme Court to review the political laws, because they
would raise great confusion among the people.
Regarding the role of the People's Consultative Assembly (MPR)
in the new era, Harun said that the Assembly would only have the
authority to amend and enact the Constitution, and to officiate
the elected president and vice president.
He said the Assembly would no longer be the supreme state
institution, but simply a high state institution, at the same
level with the House and the Regional Representatives Council
(DPD).
Under the new system, the Assembly will only form when the
House and the DPD conjoin in a session.