Expert criticizes redeliberation of broadcasting bill

JAKARTA (JP): Constitutional law expert Sri Soemantri said Saturday there was insufficient legal basis for the government to demand a second deliberation of the broadcasting bill.

Soemantri, a legislator in the late 1950s, said Indonesian laws provide no rules that allow the government to return a bill which had been passed by the House of Representatives.

"The bill must be enacted first, and then the government can propose a bill of amendment," Soemantri told journalists after addressing a seminar on House internal rules amendment.

The House will begin its second deliberation of the controversial broadcasting bill Thursday after President Soeharto objected to certain articles in the bill.

This is the first time under the New Order administration that a bill already approved by the House will be returned for redeliberation.

Minister of Information R. Hartono referred to four articles which were problematic.

They include a stipulation that a national television station's coverage must reach half of the country's population. It is unclear if this restricts national broadcasters to reaching less than half or must reach at least half of the population.

Another article concerns the need to renew broadcasting licenses every five years.

Soemantri said the demand for a redeliberation indicates the government's distrust of legislators who had worked for nine months to pass the bill.

The House endorsed the bill last December with 20 additional articles to the original 58 submitted by then minister of information Harmoko.

"The House passes a bill to enable the President to enact it," Soemantri said. "A second deliberation makes it seem as though the House were under the government's heels."

He suggested the House insert a definitive stipulation within its internal rules to clarify the procedures for the second deliberation of a bill.

Another constitutional law expert, Yusril Ihza Mahendra, agreed with Soemantri's plea to the President to enact the broadcast bill and suggested that any necessary adjustments be put in an amendment bill.

But Yusril acknowledged the President's right to ask for a second deliberation. He said the 1945 Constitution stipulates that a law is formed by the House and the President.

"The President's refusal (of the bill) is acceptable," he said, adding that the House could do the same by demanding a second deliberation by the government of a House-initiated bill.

Since the beginning of the New Order, the House has never exercised its right to introduce a bill. All bills deliberated have been sponsored by the government.

Committee

The House has formed a 21-strong special committee to work with the government for the unprecedented second deliberation.

The committee consists of Minister Hartono, representing the government, nine legislators from the dominant Golkar faction, four from the United Development Party (PPP), three from the Indonesian Democratic Party (PDI) and four from the Armed Forces faction.

Thursday's House plenary session will elect the committee's chairperson, with a Golkar candidate favored to take the seat.

Committee member B.N. Marbun of the PDI said Saturday the deliberation would be cut short due to the limited number of articles to be discussed.

This allows the House to go directly to the core of the deliberation, omitting the usual steps of a bill's reading and official reply from the House.

This practice usually only applies in the deliberation of the state budget.

Marbun said due to the House recess starting on July 28, the deliberation of the broadcast bill would only begin on Aug. 16.

The House is expected to approve the redeliberated bill before the House legislators' term expires on Sept. 30.

Despite the pressing deadline, Marbun said there was still sufficient time because most of the bill's 78 articles had already been agreed upon.

He denied suggestions that the redeliberation process could hold up the passing of eight other bills already underway. "Most of the eight bills are already on their way to House approval," he said. (amd)