Experts at odds over legislators from former province of E. Timor

Kurniawan Hari, The Jakarta Post, Jakarta

Political and legal experts are at loggerheads over the continued presence of four legislators at the House of Representatives representing East Timor which declared its independence on Monday, while the legislators defended their seats they assert are guaranteed by law.

Harun Al-Rasyid, a constitutional law expert from the University of Indonesia, said the four legislators could continue to keep their legislative post as their presence in the legislative body was guaranteed by law.

"The four legislators can keep their legislative post as long as they remain Indonesian citizens. They will be in trouble only if they change their citizenship," he said here on Monday.

Harun was referring to the legal requirements for legislative candidates outlined in the Constitution and the political laws regulating the five-year seats.

He said that from a legal perspective, the presence of the four legislators in the House was valid despite the fact that they no longer had any constituency and the province they represented had became an independent state.

The four legislators -- Rekso Ageng Herman and Ronny BS Hutagaol, both from the Indonesian Democratic Party of Struggle (PDI Perjuangan) and Setya Novanto and Natercia MJO Soares from the Golkar Party -- have refused to quit from the legislative body as they still have thousands of East Timorese constituents who are living in West Timor and other provinces in the country.

Political analyst Arbi Sanit said that the four's membership in the House should have automatically expired when East Timor declared independence on Monday.

"They have no reason to keep staying at the House," Arbi said, citing reasons of political ethics.

Anas Urbaningrum, a member of the General Election Commission (KPU) concurred saying the problem should be resolved immediately.

He acknowledged, however, that it would not be easy to urge them to resign because there was no legal procedure to press them to do so.

The House rulings only stipulate that members will end their membership if they live outside the country but not when their constituents live outside the country as has happened in the case of the East Timorese.

Arbi said either the House or the government should propose a bill that would become the legal basis for the termination of the legislators' term of office.

"Their presence at the House must be ended. The government spends money to maintain their presence. What for?," he asked.

Based on a rough calculation, each legislator receives Rp 12.5 million per month in taxpayers' money. If the election in 2004 is scheduled to take place in June, there will be 24 months left for legislators to enjoy facilities at the House.

The cost of keeping them in the House until the 2004 election will be approximately Rp 300 million.

Natercia Soares defended her presence at the House, saying that her presence was legal because the term of office for all legislators was five years.

According to her, the House leaders had assured her that she and her three colleagues would serve until 2004.

She admitted she could not answer the question as to which territory she now represented. "But, I am certain that I represent the East Timorese people who stay in this country and the entire Indonesian people," she said, adding that she had adopted Indonesian citizenship when East Timor integrated with Indonesia in 1975.