Emergency Law should be revised, Yusril says

JAKARTA (JP): Minister of Justice and Human Rights Yusril Ihza Mahendra said the government has intentionally postponed its approval for the Emergency Law as it needs significant revision.

"Some of the articles in the law should be revised before we (the government) approve it," Yusril told reporters on Wednesday after a hearing with the House of Representatives' Commission II for legal and domestic affairs.

The articles that should be revised include a requirement that the imposition of a state of civil emergency requires the approval of the provincial legislature.

"What about the emergencies in new provinces such as North Maluku, which still does not have a legislative council?" he remarked.

Asked about the amendment of the 1945 Constitution whereby article 20 (5) now states that the President should approve a law passed by the House within a period of 30 days at the most, Yusril argued that this amendment was not applicable to the Emergency Law.

He claimed that the August amendment was not relevant as the Emergency Law had been passed by the House last year and so still required the approval of the President.

"We cannot act in a retroactive manner. The Emergency Law was enacted prior to the passing of the constitutional amendment in August of this year," Yusril, who is also a constitutional law professor, remarked.

House Speaker Akbar Tandjung reiterated on Wednesday that the Emergency Law was already in effect, even though the President had yet to approve it.

"The law may be employed even though the President has yet to give his consent," Akbar, chairman of the Golkar Party, told reporters.

He said that his remarks were based on the substance of the amended Article 20 (5) which stipulates that a law should be approved by the President within at least 30 days after being enacted by the House, or else it would automatically come into effect.

During a consultative meeting with President Abdurrahman Wahid on Tuesday, the House leadership asked the President to quickly approve the law.

The law, passed by the House under the government of President B.J. Habibie last year, was meant to replace the more draconian and repressive 1959 Law on state emergencies.

Thousands of people, including students, protested the bill at that time. At least four people, including a student of the University of Indonesia, were killed during the protests.

The House's demand for the approval of the law was stated to be based on increasing violence in restive provinces which could threaten the country's integrity.

The House leadership said that the police and Indonesian Military (TNI) needed a legal basis to deal with riots across the country. (jun)