Information ministry to be upgraded
Information ministry to be upgraded
Fabiola Desy Unidjaja, The Jakarta Post, Jakarta
President Susilo Bambang Yudhoyono has issued a presidential
decree to upgrade the Office of the State Minister for
Communications and Information into a portfolio ministry that
will also be given responsibility for posts and
telecommunications.
The decree will allow the new ministry to establish offices in
the country's 33 provinces.
Cabinet deputy secretary Erman Radjagukguk told The Jakarta
Post on Tuesday that the decree, signed late on Monday, gave the
power to the President to transfer the posts and
telecommunications directorate general from the Ministry of
Transportation to the new ministry.
The President also issued another decree to provide a legal
basis for the already established Ministry of Public Housing --
which in the previous Cabinet under president Megawati
Soekarnoputri came under the auspices of the Ministry of
Settlement and Regional Infrastructure -- and the revival of the
Office of the State Minister for Youth and Sports Affairs -- by
removing the sports directorate general from the Ministry of
National Education as it existed in the previous administration.
The decree also provides for the splitting up of the Ministry
of Industry and Trade into two ministries.
The above changes, except for the new ministry, actually came
into effect when Susilo announced the line-up of his Cabinet on
Oct. 21, 2004, even though a legal basis is only being provided
now.
Both presidential decrees, however, appear to contradict
Article 17 (4) of the 1945 Constitution, which stipulates that
the establishment of, change in or dissolution of a Cabinet
ministry must be provided for by law.
The stipulation allows the House to intervene in the
establishment of ministries, despite the fact that Indonesia
adheres to the presidential system of government.
"I can assure you that we (the government) have not
contradicted any regulations, especially the Constitution," Erman
said.
His statement was supported by Constitutional Law expert Sri
Soemantri of Padjadjaran University who pointed out that the
House could not claim a right to interfere in the establishment
of the new ministry as there was no specific legislation
governing the matter.
"The ministry's establishment is not against the Constitution
as the House has yet to finish its deliberation on the
ministerial offices," he told the Post.
The House postponed the deliberation of the ministerial
offices bill last July due to a difference of opinion with the
government. There has been no information to date as to whether
or not the legislators intend to continue the bill's
deliberation.
State Minister for Communications and Information Sofyan A.
Djalil had earlier said that his new portfolio ministry would not
pose any threat to press freedom.