Govt gives unclear signals on fate of broadcasting bill

By Imanuddin

JAKARTA (JP): The government's unprecedented decision to return the broadcasting bill to the House of Representatives (DPR) for further deliberation left many bewildered.

Uncertainty is particularly pronounced among legislators. B.N. Marbun, one of the House members assigned to reopen discussion on the government-initiated bill, said he did not know why the step was taken.

"We (legislators) will only know the reasons when Minister of Information R. Hartono briefs us Monday," Marbun told The Jakarta Post Friday.

President Soeharto's refusal to enact the bill was a first in the 30 years of the New Order administration. He said last month that he objected to some of its contents but did not cite specifics.

Minister/State Secretary Moerdiono said the President had queried the specification that a TV station was categorized as a national broadcaster even though its transmission reached only half of the country's population.

"How come a national broadcaster covers only half of the population? The President finds this a matter of principle," Moerdiono said.

Meanwhile, Hartono said amendments were likely on the duration of broadcasting licenses, currently set at five years.

"The term is too short because the broadcasting business deals with big investment," Hartono said. "I think the licenses should ideally apply for at least 10 years."

Stipulations on sanctions for broadcast violations were also likely to be amended, Hartono said. The bill outlines administrative sanctions and prison terms of up to 10 years.

The President's move was disputed by several constitutional law experts and House members.

Senior constitutional lawyer Sri Soemantri, a legislator in the 1950s, said there was no basis in Indonesian law for ordering redeliberation. He said the government should effect the broadcasting bill as is, employing a bill of amendment to clarify any moot aspects.

"The bill must be enacted first, and then the government can propose a bill of amendment," he said.

Soemantri said the demand for 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."

Deputy House Speaker Soerjadi said the decision to return the bill to the House has shown that the government lacks trust in the legislators' strenuous efforts.

House Speaker Wahono said the House welcomed the government's request for redeliberation of the bill "for the sake of national interest".

He said there were lessons to be learned from the incident.

"On one hand, this uncommon course of events has provided both the government and the House with a lesson in the importance of paying greater attention to the core content of bills.

"On the other hand, we have unquestionably gained greater experience, proving our sufficient maturity in performing our constitutional duties," Wahono said.

He added that the need for a second deliberation had given rise to a new procedure in the legislative process.

The Constitution states the President may make laws with the consent of the House. The House has never failed to pass a bill proposed by the government in the New Order era.

Another constitutional expert, Yusril Ihza Mahendra, said there was nothing wrong with further deliberation on a bill since both government and House approval were needed before its enactment into law.

Redeliberation was originally scheduled to start in the middle of July, but was postponed because Hartono had a pressing commitment. The new schedule stretches over one month as the House was in recess until Aug. 15.

The House has formed a 21-strong special committee to work with the government on examining the bill again.

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.