Lawmaking to be more open

Kurniawan Hari, Jakarta

House of Representatives factions and the government agreed on Monday to provide the public at large with greater access to the legislative deliberation process at all governmental levels throughout the country.

The agreement was reached during a meeting between Minister of Justice and Human Rights Yusril Ihza Mahendra and the House special committee in charge of deliberating the lawmaking procedures bill.

Previously, a number of non-governmental organizations grouped in the Coalition for Participatory Policies had called for increased access to ensure public participation in the country's lawmaking process.

"We are really surprised that the legislators have acceded to our demand. We will encourage the public to submit their opinions to the legislators," said Afrizal Tjoetra, the coordinator of the coalition.

Following the agreement, the House is expected to bring the legislative procedures bill to a plenary meeting on May 24 for endorsement. The bill if passed will, however, take effect only after Nov. 1, pending the establishment of the Regional Representatives Council (DPD), which is also covered by the bill.

The government, however, has rejected the idea of extending public access to the formulation and drafting of government regulations, arguing that these processes come within the prerogative of the President.

Nia Sjarifuddin, an activist in the coalition, said public participation in the lawmaking process was essential if legislation and regulations were to be accepted by the public.

So far, the constitutionality of 30 statutes has been challenged in the Constitutional Court since it was established last year.

Other statutes that have sparked controversy are Law No. 20/2002 on the electricity industry, Law No. 32/2002 on broadcasting, Law No.11/2003 on the partition of Riau province, Law No. 13/2003 on manpower, Law No. 16/2003 on terrorism, Law No. 18/2003 on the advocate's profession, Law No. 45/1999 on the partition of Papua province, and the Water Resources Law.

"These examples clearly reflect the fact that the lawmaking process does not involve public participation. Therefore, the laws are not accepted by the public," Nia added.

Nia said that her fellow activists in the coalition fully understood that their participation in the lawmaking process would be limited.

"But at least, we will be able to influence the deliberations on a bill right from the very beginning," she said.