Fri, 27 Feb 2004

Experts reject bill on legislation

Kurniawan Hari, The Jakarta Post, Jakarta

Ten legal experts from eight universities urged the House of Representatives to delay the approval of the bill on law-making procedures, saying it would disrupt the country's legal system.

Maria Indrati of the University of Indonesia (UI) said the bill would create more conundrums as it recognized decrees issued by state institutions as legally binding regulations below presidential decrees.

She said it was only the executive body (the president and Cabinet) or the legislative body and executive body combined that held the authority to make laws.

Other state institutions like the State Audit Agency, Supreme Court and Constitutional Court have no authority to issue regulations that are binding.

"Those institutions can only issue internal regulations," she said.

The House has arranged a plenary session on March 1 and is expected to pass the bill.

In addition to Maria, the other legal expert were Satya Arinanto from UI, Yuliandri and Saldi Isra from Andalas University in Padang, West Sumatra, Armansyah from the University of North Sumatra (USU) in Medan, Lita Tyesta from Diponegoro University in Semarang, Romlah Sartono from Airlangga University in Surabaya, Sofwan from Mataram University, La Sina from the Mulawarman University in East Kalimantan and Abdul Razak from Hasanuddin University in Makassar.

Activists Ajeng Kesuma, Chalid Muhammad and Firsty Husbani from the Coalition of Participative Policy also voiced their rejection of the bill.

They also criticized the inclusion of regulations issued by village heads as part of the national legal system.

She said the regulations issued by village heads were just administrative policies which only effective within that village.

The legal experts demanded that the House spend more time deliberating the bill.

Commenting on the criticism from some of the top legal minds in the country, legislator Zain Badjeber of the United Development Party (PPP) said the House would take the suggestion into consideration.

According to Zain, the House might delay the bill's endorsement if there was enough popular resistance.