MPR decrees require four new institutions
Kurniawan Hari, The Jakarta Post, Jakarta
Despite its inability to achieve consensus on amending some crucial articles in the Constitution, the People's Consultative Assembly (MPR) has amended a number of other articles.
These amendments, when in force, require establishment of at least four new institutions that will become part of the state administrative system.
The new institutions will include the Regional Representatives Council (DPD), the Constitutional Court, the Judicial Commission and the chapters of the State Audit Agency (BPK) in each province.
The establishment of the Regional Representatives Council, along with the existing House of Representatives (DPR), will lead to the creation of a bicameral legislative system which is expected to be more responsive to the will of citizens in remote areas.
The Judicial Commission will mainly be tasked with submitting nominees for Supreme Court Justices to the House of Representatives (DPR) for approval.
The nine-member Constitutional Court will have the authority to review the laws, to resolve disputes between state institutions, to dismiss political parties and to resolve disputes of election results.
The special court must also scrutinize the opinion of the House of Representatives (DPR) concerning possible violations conducted by the president or the vice-president.
To boost the state auditing capabilities, a chapter of BPK will be established in all provinces across the country.
More regulations concerning the composition and membership of those four institutions will be regulated by laws.
Key points of the third amendment:
* The Assembly has the authority to enact the Constitution (guidelines for National Police, excluded)
* The presidential and vice presidential nominees are Indonesian citizens by birth, who have never changed citizenship, never betrayed the state and possess mental and physical ability.
* The president and the vice president are directly elected as a team during general elections.
* The team of nominees are submitted by a political party or a group of political parties before the election.
* The presidential, vice presidential teams can be directly elected if they manage to collect more than half of the overall popular vote in the election, while winning at least 20 percent of the vote in at least 17 of the 33 provinces -- or more than half of the provinces.
* The president and vice president can be unseated by the Assembly at the request of the House of Representatives if either is proven to have committed legal violations, betrayal against the state, corruption, bribery, other high crimes or is proven no longer capable of fulfilling the respective duties required by the president or vice president.
* The proposal for the ouster of the president or the vice- president can be submitted to the Assembly after a request to the Constitutional Court to examine the opinion of the House.
* Should the Constitutional Court declare that the president or the vice-president is guilty of breach of law in the forms of betrayal against the state, corruption, bribery and other crimes, the House will ask the Assembly to convene on it.
* In creating international agreements that broadly impact on the people, the president must get approval from the House.
* The members of the DPD shall be elected in each province and the total number of members must not exceed one-third of the House members.
* The general elections are held to elect members of the House, the Regional Representatives Council, and the respective regional Houses of Representatives.
* The State Budget will be submitted by the president for deliberation at the House of Representatives with regard to the aspirations of the Regional Representatives Council.
* The State Audit Agency will be in the capital city and have chapter offices in each province.
* The judicial power will be held by the Supreme Court and other bodies below it in the general court, religious court, military court, state administrative court and a Constitutional Court.
* Supreme Court justice nominees are proposed by a Judicial Commission to the House of Representatives for approval.
* Members of the Judicial Commission will be appointed by the president with approval from the House.
* The Constitutional Court has nine members to be endorsed by the president. Three each will come from the judicial branch, the legislative branch and the executive branch.
Items postponed for amendment
* The composition of the Assembly and whether to include the Interest Groups or not.
* Whether to give the Assembly authority to elect the president and the vice president should the teams of nominees be unable to collect more than half of the votes in the first round of balloting.
* Provisions for what should be done if the president and the vice president are unable to carry out state duties, and whether it would be carried out by a triumvirate of foreign minister, home minister and defense minister; or carried out jointly by the House Speaker and DPD Chairman.
* Whether the currency is clearly written Rupiah or decided later in law.