NGOs demand access to law making process
Kurniawan Hari, The Jakarta Post, Jakarta
Nearly 100 non-governmental organizations (NGOs) grouped under the Coalition for Participative Policies (KKP) have called for the inclusion of stipulations ensuring public participation in the bill on law and legislation-making procedures.
"We urge legislators to use the delay to incorporate articles that will ensure the right of the public to participate in any law-making process," coalition coordinator Afrizal Tjoetra said on Thursday.
The demand came one day after the House of Representatives (DPR) and the government decided to delay deliberation of the bill following disagreements over contentious issues. The bill's deliberation will resume in the next session scheduled to start on April 12.
The unresolved issues are those of Articles 3, 7, and 58.
Article 3 stipulates that the newly amended 1945 Constitution is the fundamental law and superior to all other legislation, while Article 7 deals with the hierarchy of laws and legislations, and Article 58 determines the people's participation in the law-making process.
Article 3 has two sections. Supported by Golkar and the Daulatul Ummah Unity (PDU), the first section says that the Constitution is the fundamental law and is superior to all other legislation.
The second section says the Constitution is the fundamental law of the state and shall be published in the State Gazette. This section is supported by the Indonesian Democratic Party of Struggle (PDI-P), the United Development Party (PPP), the National Awakening Party (PKB), the Reform Star Party (PBR), the military and police, the Crescent Star Party (PBB), and the Indonesian Nationhood Unity (KKI).
Article 58 of the bill stipulates that the public can give verbal or written inputs during either the preparation or deliberation of legislations.
The coalition considers that the stipulation is not powerful enough to compel legislators to accommodate input from the public.
Bivitri Susanti, director of the Center for Indonesian Law and Policy Studies (PSHK), said the stipulation should say: "The public has the right" instead of "the public can".
"The legislators must revise the bill, otherwise the delay will be useless," she added.
Meanwhile, fellow PSHK member Rival G. Ahmad said the bill should thoroughly regulate public participation in every step of deliberation.
The coalition proposed that the bill should also include the obligation of the House to provide information on the steps of deliberation, restriction of closed-door deliberation, obligation of the legislators to consult the public, and the chance for the public to request judicial review of any laws which were deliberated without public involvement.
"This bill does not guarantee public participation in the deliberation of bills," Afrizal said.
KKP members include the Independent Journalists Alliance (AJI), the Center for Electoral Reform (CETRO), Indonesian Center for Environmental Law (ICEL), Indonesia Corruption Watch (ICW), Imparsial, Institute for Press and Development Studies (LSPP), the Jakarta-chapter Legal Aid Institute (LBH), Transparency International, and the Indonesian Forum for the Environment (Walhi).