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