Regional reps merger worries experts

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.