Govt gives unclear signals on fate of broadcasting bill

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.