Expert criticizes redeliberation of broadcasting bill

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)