Legislators open debate on clean governance bill

JAKARTA (JP): The House of Representatives kicked off on Monday its deliberation of the clean governance bill which, if passed, will have the power to force all state officials to declare their assets.

The bill will also enable members of the public to provide and gain access to information on state administration.

The bill was submitted to the House on Feb. 4 as the implementation of the People's Consultative Assembly Special Session's mandate for a clean government to President B.J. Habibie.

The 23-article document is called the bill on state administrators who are free from corruption, collusion and nepotism.

"It's an administrative law," Minister of Justice Muladi said, after presenting written answers to questions about the bill raised by the House's four factions in an earlier session on March 4.

Muladi, who represented the government in the deliberation with the House's 55-member Special Committee, said the clean governance bill would "complement" existing corruption laws. These include the No. 3/1971 Law on the Eradication of Crimes of Corruption, the No. 11/1980 Law on Bribery and the Criminal Code.

The law on the eradication of crimes on corruption will also be amended.

The clean governance bill commissions the establishment of an "independent" Permanent Commission of Examiners by the head of state.

"The commission's duties would not eclipse the function ... of prosecutors and police (as the existing law enforcers), in fact, it would complement (law enforcers) should a judicial proceeding commence," Muladi said.

The bill says the commission would comprise 22 members, from both the government and groups in society, appointed by the President through a presidential decree "after consultation with the House".

The commission will have four subcommissions: one to oversee state officials in executive positions, one to oversee those in the legislatures, another will oversee state officials posted in the judicature power branch, while the last commission will oversee officials assigned to state-run companies.

Muladi explained the commission would collect and evaluate data rather than pursue investigations.

"It will therefore submit its findings to related government agencies (for follow-up actions)," Muladi said, in response to a question from the Indonesian Democratic Party (PDI) faction.

PDI questioned why the commission would have to report its findings to related government agencies as well as the House and the Development Finance Comptroller.

Muladi argued the arrangement would ensure all state-examining agencies remained "well informed" and provided easy "cross-check analysis".

Six months after the bill was enacted into law, anyone awarded a state administration posting would be required to declare their assets. As soon as they no longer held office, the commission would again audit their holdings.

By order of the President, the commission would also have the power to audit any state administrator in office. However, Muladi said any inquiry would be for "clarification" purposes only and not for investigating alleged corruption, collusion or nepotism.

Sanctions would be determined in accordance with existing corruption laws. (aan)