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)