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.