Draft Assembly decrees must not be considered final: Experts
Draft Assembly decrees must not be considered final: Experts
JAKARTA (JP): Constitutional law experts said on Tuesday that
draft decrees completed for deliberation in the People's
Consultative Assembly's (MPR) special session should not be
considered final.
Even if the United Development Party (PPP) faction lost in a
vote on the Armed Forces representation in the House of
Representatives, they should not be deterred from pressing the
issue, the experts said.
"The PPP should continue to take it before the Assembly's
special session," Satya Arinanto of the University of Indonesia's
School of Law said.
Isbodroini Suyanto of the University's School of Social and
Political Sciences said, "They should not bother if the special
session eventually decides that ABRI members are still
represented in the House."
They were referring to a Assembly draft decree on general
elections, which accommodates the Armed Forces' (ABRI)
representation in the House of Representatives (DPR).
Observers have raised fears that the special session to start
on Nov. 10 will be merely ceremonial, in the tradition of the
five-yearly general sessions, where decrees drafted by the
Working Committee would be passed without significant debate.
ABRI representation in the House is a topic of much debate,
with more focus on the government's bill on elections. The bill
still being deliberated at the House will have to be in line with
the related decree of the MPR as the country's highest body.
Lt. Gen. Hari Sabarno, the deputy House/Assembly speaker said
that ABRI representation in the House "will depend on the MPR".
The experts further said that Assembly members should be given
freedom to decide the special session's agenda.
The freedom should include contents of the draft decrees,
Satya, secretary of the University of Indonesia's Constitutional
Law Department, told The Jakarta Post.
"The result of the deliberation in the Working Committee
cannot be automatically considered as the Assembly's final
product as there are still chances for changes in the political
situation prior to the special session," he said.
The Working Committee -- a 90-member body set up to prepare
for the special session -- is part of the 1,000-member Assembly.
All five factions have agreed to have 12 draft decrees passed in
the next Assembly special session.
Satya said restrictions would be against the spirit of
democracy in the 1945 Constitution. Among others he cited Article
1, which "stipulates that the sovereignty of the nation lies in
the people's hands, represented by members of the Assembly."
"Article 3 says the State Policy Guidelines are reviewed once
every five years," he said, hence the Working Committee cannot
claim itself as the true representation of the Assembly.
Isbodroini also said there should not be any restrictions for
the Assembly members to bring forward their opinions or
proposals. "An Assembly special session is the highest forum of
the MPR after the Assembly general session. And the Assembly's
Working Committee is only a part of the MPR," she said. (imn)