Fri, 18 Dec 1998

DPR empowers itself with subpoena rights

JAKARTA (JP): The House of Representatives (DPR) on Thursday decided to give itself the right to subpoena citizens, including the president, and to impose one year prison sentences on those who fail to meet its summons.

The House entered a clause covering the issue into the government-sponsored bill on the structure of the country's legislatures that it is currently deliberating.

"Government officials (including the president) and private citizens are included in the clause," legislator Budi Harsono said after emerging from a session deliberating the bill.

He said the sanction would be carefully exercised.

"Only failures to meet subpoenas which concern state interests will be sanctioned," said Budi from the Armed Forces (ABRI) faction.

The sanction would be exercised in accordance with existing legal procedures in which the DPR -- through its commissions -- is entitled to lodge complaints with the courts, he said.

The DPR's right to subpoena is currently only stated in its internal rules, which are not binding to parties outside the House.

According to the 1945 Constitution, the House has six rights: to submit inquiries to the president, to investigate, to amend draft laws, to initiate draft laws, to query and to air opinions, and to nominate people for certain government positions.

The bill -- scheduled to be passed on Jan. 12 along with the bill on political parties -- will also give the House the right to draft its own budget and internal rules.

Also agreed upon during Thursday's deliberation session were stipulations on the responsibilities and authority of provincial and local legislatures (DPRD) and rules governing the conduct of members of all the country's legislatures, Budi said.

Budi said the factions had agreed to spell out the authority and responsibilities of the DPRDs in the new law on the structure of the country's legislatures.

DPRDs are currently governed by the 1974 law on provincial administrations, which states that DPRDs are part of provincial administrations.

DPRDs would be accorded rights similar to the DPR, Budi said.

For instance, a provincial DPRD would have the right to suggest appointing or dismissing a governor, with the president only responsible for ceremonial aspects of the process.

Regency level DPRDs would be entitled to directly appoint regents, with the president again restricted to a ceremonial role, Budi added. (aan)