Highest body repeals eight of 139 decrees

Highest body repeals eight of 139 decrees

Kurniawan Hari, The Jakarta Post, Jakarta

The People's Consultative Assembly (MPR) agreed on Tuesday to
unconditionally repeal eight of 139 decrees issued between 1960
and 2002, including one on human rights issued in 1998.

The decrees the MPR agreed to revoke were those on the
position of all state institutions both at the central and
regional governments, relations among high state institutions
issued in 1973, in the event that the president or vice president
cannot discharge his/her duties, relations among high state
institutions issued in 1978, general elections, the tenure of the
president and vice president, the revision of TAP III/MPR/1988 on
general election, and human rights.

The revocation of the decree on human rights was apparently
due to the fact that the issue had been incorporated into the
newly amended 1945 Constitution.

The Assembly also agreed to retain a decree issued in 1966
that outlawed the Indonesian Communist Party (PKI) and banned the
dissemination of communist, Marxist and Leninist teachings.

The decree banning the PKI and the dissemination of communist
teachings is one of 27 decrees declared to be valid but with
different provisions.

MPR members classified the 139 decrees into six categories:
those to be revoked (eight decrees), those declared effective
with provisions (three), decrees declared effective only up until
the establishment of a new a government resulting from the 2004
elections (eight), decrees declared effective until the laws on
the respective issues are enacted (11 decrees), decrees relating
to internal regulation of MPR (five), and decrees considered no
longer applicable (103).

Most of the 139 decrees were considered to be final, meaning
that they were issued for a specific purpose and were no longer
applicable. As such, the legal status of those decrees did not
need to be reviewed.

A decree issued in 1963 on the designation of then president
Sukarno as lifetime president was considered to be final and
therefore would not be reviewed.

Legislators were still debating on Tuesday, the fifth day of
the seven-day annual meeting, the provisions pertaining to the
implementation of the MPR decree banning PKI and communism.

The Indonesian Democratic Party of Struggle (PDI Perjuangan)
insisted that the banning of PKI should not perpetuate
discrimination against individuals or certain groups of people.

Other factions, however, demanded that the bans be based on
justice, law, and the principles of democracy and human rights.

In the meantime, Assembly factions were still undecided on the
status of a decree relating to founding president Sukarno.

PDI Perjuangan requested the insertion of a clause into the
decree in an attempt to rehabilitate the name of Sukarno. But
other factions insisted that the name of Sukarno needed not be
rehabilitated.

The Chairman of Assembly's Commission B for revocation of
decrees, Rambe Kamarulzaman, said on Tuesday that the Commission
would try to reach a consensus on the issue.

The decree on economic democracy is still effective with the
condition that the government provide support to the development
of a small scale economy.

A decree on the authorization of Megawati Soekarnoputri as
President will be effective until the establishment of a new
government, after the 2004 election.

A decree on Indonesia's vision will be effective until the
enactment of a law on the same issue.