House inquiry on financial scandals illegal, experts say

JAKARTA (JP): A House of Representatives inquiry into two financial scandals linked to President Abdurrahman Wahid is illegal as it had yet to be listed in the state gazette, two constitutional law professors said on Sunday.

Contacted separately by The Jakarta Post, Harun Alrasid of the University of Indonesia and Bagir Manan of Bandung's Padjadjaran University said the House special committee which was investigating the scandals had violated Law No. 6/1954 on House inquiries by failing to announce the probe in the state gazette.

"Since this law is still effective, the committee has been guilty of violating it. The committee, therefore, is illegal," Harun said.

The House has argued that it had based its move on other laws, such as Law No. 4/1999 on the composition and status of the People's Consultative Assembly, the House and regional legislatures, but Harun argued that this was not enough.

He said the 1954 law was the only legislative enactment governing House inquiries, although it referred to the 1950 Provisional Constitution which was no longer effective.

Bagir Manan supported Harun's view, saying the committee should comply with the procedures set out in the 1954 law.

"As far as I know, the House used Law No. 6/1954. So the results of the committee's investigation should be considered illegal as it (the committee) hasn't yet been listed in the state gazette," Bagir, who is a candidate for the post of Supreme Court Chief Justice, explained.

Bagir said the House could investigate the scandals based on Law No. 4/1999, although such an investigation would not be the same as an inquiry under Law No. 6/1954.

The committee has plans to question the President on the alleged misuse of funds totaling Rp 35 billion belonging to the State Logistics Agency (Bulog)'s Yanatera foundation and a US$2 million donation from the Brunei Sultan Hasanal Bolkiah.

The President struck back at the House on Friday, saying the House committee was illegal as it had not yet been listed in the state gazette and registered with the state secretariat as required by Law No. 6/1954.

Bagir and Harun said that President was right to questioning the legality of the committee.

"Probably the President just knew that the committee was illegal. It is irrelevant why he has only questioned it now," Harun said.

The latest twist to the bickering between the President and the House has sparked speculation that the President might dissolve the House as first president Soekarno did in 1959.

But both Bagir and Harun said the this possibility was too far fetched.

"As a democrat, Gus Dur would not dissolve the House," Harun said referring to the President by his nickname.

However, he thought that there was a possibility that President would dissolve the House if he thought the state was in danger.

He said the President, as happened in many countries, was allowed to breach the Constitution in a state of emergency.

"But it's too subjective declaring that the state is in danger. In other countries, there would be judicial rulings which could annul the president's decision," Harun said.

Bagir claimed that the House could not be dissolved according to the 1945 State Constitution.

"We should reject it if President wanted to dissolve the House. It's authoritarian," he said. (jun)