Legislators open debate on clean governance bill

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)