Regional reps merger worries experts

By Ridwan M. Sijabat

JAKARTA (JP): Two constitutional law experts have criticized the absorption of 135 regional representatives into party factions at the People's Consultative Assembly (MPR), saying the move was contrary to the 1945 Constitution and the two-tiered legislative system.

Sri Sumantri, a professor of constitutional law at Padjadjaran University in Bandung, said in a recent interview with The Jakarta Post that the Assembly's decision to merge the regional representatives faction into party factions was a serious violation of article two of the 1945 Constitution and the 1999 ruling on the Composition of the MPR, House of Representatives, and Provincial and Regency Legislative Councils.

"According to the Constitution and the law, the regional representatives constitute the independent faction in the Assembly because they represent not the people but the regions where they are elected," he said.

Both the Constitution and the law stipulate that the Assembly comprises House members, regional representatives and interest groups representatives.

Sri said it would be difficult for the two legislative bodies -- the House and the Assembly -- to develop a two-tiered legislative system due to the absence of the regional representatives faction in the Assembly.

"The fusion will have big consequences in that the legislative bodies will fight only for the people's aspirations and tend to give less attention to particular problems in provinces or regions. Problems, say in provinces in Java, are different to the ones in Aceh, Riau, Irian Jaya or Maluku," he said, adding that this would be in line with the regional autonomy program.

Sri said he deplored the political engineering behind the fusion of regional representatives, saying it was deliberately exerted by some political parties to strengthen their bargaining position during the MPR General Session, including the presidential election.

"Many political parties have taken advantage of the fusion without an awareness of the severe violation to the law and the legislative system," he said.

With the fusion, the Golkar Party gained a significant addition of about 70 supporters in its 120-member faction in the Assembly, while the Indonesian Democratic Party of Struggle (PDI Perjuangan) obtained 34 additional members to its 150-member faction.

"This new composition will provide a significant contribution to the parties' negotiations in the decision-making process at the Assembly, especially in the presidential election," Sri said.

He said this type of political engineering had also been practiced by the Golkar Party and the former New Order regime in their bid for a dominant and decisive role during past MPR General Sessions and presidential elections.

"In the past -- all regional and interest group representatives, mostly high-ranking government and military officials -- were appointed by former president Soeharto who sought their support," he said.

Separately, Harun Alrasid, a professor of constitutional law at the University of Indonesia, blamed the law on the composition of the MPR, House and provincial and legislative councils which stipulate that regional representatives are elected by provincial legislative councils.

"In the future, regional representatives should not be elected by provincial legislative councils but by the people through general elections," he told the Post.

Harun said many of the current regional representatives had never resided in the regions which sent them as their representatives to the Assembly. He also said most of them did not possess informed knowledge of the region they represented.

"Many regional representatives are really living in Jakarta. How will they convey the political aspirations of provinces they have never lived in? It looks very strange in this reform era," Harun said.

The two experts shared the opinion that the 65-member interest group faction should be phased out because each member could channel their political aspirations through the different political parties. In addition they said most representatives of the Assembly's interest groups came from social and mass organizations affiliated to existing political parties.

Harun said it was unfair to recruit interest group representatives from religious communities and mass organizations because they would channel their political aspirations through Muslim and Christian parties.

Golkar deputy chairman Slamet Effendy Yusuf acknowledged that the fusion of the regional representatives was a serious violation of the Constitution and the legislative system, and urged that the move be corrected in the 2004 general election.

"How can that be? The Assembly has made the decision on the fusion." he said, adding that he was one of many executives in his party who opposed the recent recruitment of a number of ministers as regional representatives to the Assembly.

Slamet said that in accordance with Golkar's concept of the MPR state institution, regional representatives were a vital component of the MPR and, hence, they should be elected directly in general elections.

"According to our concept, the MPR should consist of House members, who are elected by the people, and regional representatives," he said.

Aberson Marle Sihaloho, an MPR member from PDI Perjuangan, said he favored the idea of an independent faction for regional representatives. He said the move would allow the Assembly to exercise "the bicameral legislative system".

"It will certainly be unhealthy and unfair if the Assembly works only for the people and ignores the regions' political aspirations and their characteristics. We should learn from what is happening in East Timor, Ambon, Irian Jaya, Riau and Aceh. These provinces are in trouble because the central government has ignored their unique conditions," he said.