MPR decrees require four new institutions

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.