Govt told to seek review of Batam free trade bill
Govt told to seek review of Batam free trade bill
Muninggar Sri Saraswati, The Jakarta Post, Jakarta
Constitutional Court President Jimly Asshidiqie said on Monday
the government had strong grounds for challenging the
constitutionality of the recently endorsed Batam free trade zone
bill.
Jimly said a bill required the consent of both the House of
Representatives and the government before it could be passed.
He was commenting on the House's unilateral endorsement of its
bill granting Batam Island free trade zone (FTZ) status last
week.
"Actually, we cannot call on the government to challenge the
bill. But, I think it must be settled. The government has strong
grounds for filing a complaint with the Constitutional Court to
seek a resolution to the matter," Jimly told reporters after
casting his vote.
The government could challenge the bill by arguing that the
House did not have the power to endorse it or that there were
flaws in its endorsement process, Jimly said.
Article 20 (1) of the Constitution said the House had the
right to initiate legislation. There was no stipulation about the
government's role here, but section (2) of the same article
stated that a bill must be jointly deliberated by both the
government and the House, and its endorsement must be based on
the consent of both parties.
Jimly said a bill would automatically come into effect one
month after its endorsement by the House, regardless of whether
the consent of the president was forthcoming or otherwise.
"But, isn't it the government that must enforce the
legislation? The legislation will mean nothing if the government
refuses to enforce it" Jimly said.
He said he was concerned by the fact that the President had
refused to sign some bills, including those on manpower
protection, the education system and the establishment of Riau
Islands province.
The controversy surrounding the bill on the Batam free trade
zone surfaced after the House passed it during a plenary meeting
on Sept. 14 despite earlier agreement with the government to
delay its endorsement due to disagreements over several
contentious articles.
One of the areas of dispute is the government's desire to have
FTZ status restricted to only certain industrial areas on the
island, known also as "enclave FTZs", while the House wants the
whole island to be granted full FTZ status.
Another area of disagreement deals with the authority to
manage seaports and the airport in Batam. The government insists
on retaining this authority, while the House says the local
administration should be given these powers.
The House completed its own draft bill a few years ago. But
the government rejected it, and instead drafted its own version,
which was completed earlier this year.