The choices facing our legislators

New legislators will be sworn in Wednesday and begin the job of realizing the political aspirations of the country's 200 million citizens. They will have to toe the fine line between serving the people and serving vested interests. The Jakarta Post reporters Ahmad Junaidi, Arief Suhardiman, Ati Nurbaiti, Benget Simbolon, Kornelius Purba, Emmy Fitri and Riyadi looked into the delicate issue, and preparations to greet the 500 members. Related stories are on Page 3 and Page 11.

JAKARTA (JP): As the 1992-1997 legislative term came to an end, talk in and around the House of Representatives no longer focused on political reform.

The spotlight turned instead to allegations that mining contract of work applicants had provided Rp 25 million (US$8,000) to fund 44 legislators' week-long inspection tour in early September; that meetings had been held in hotels instead of in House commission rooms; and the last straw was a friendly written request for "lucky draw" prizes of household items for a farewell event.

"Oh that was nothing," said one member involved.

"Why didn't (the organizer) just make a phone call?" said another. "Surely, everyone else works with sponsors when arranging such events."

But the incident came to light precisely because the honorable members were not just "everyone."

They were already being paid a comparatively large salary for a job with not much public expectation given the executive's grip on power.

The latest reports reinforced the perception that far from trying to retain a little independence, legislators were doing their best to secure their final opportunities to cash in on their position. A monthly income Rp 4.75 million seemed far from enough.

An embarrassed member said the law deliberation meetings were "shameful." "Instead of debating substance they questioned how much they would get (aside from an allowance of Rp 75,000 for every meeting), besides mulling over punctuation."

Reelected Golkar faction member, Rully Chairul Azwar, explained the party line: The faction considers there is a problem when a government or private institution complains of being hassled by members asking for some material or immaterial favors.

The "lucky draw" incident, he said, "was only a problem because it was exposed by the press... I am sure no one had complained of extortion."

"We're all grown ups here," he added. "Each individual should be wise in his own judgment, to discern when one should be 'friendly' and when one should keep a distance."

Legislators say they rely on conscience and intuition.

Outgoing legislator Gusti Ayu Eka Sukmadewi from the Indonesian Democratic Party (PDI) faction said, "If you are given a bunch of bananas by a villager as a token of his appreciation for your visit, should you reject it? Of course not."

"But what if you are given Rp 100 million from a businessman whose factories were in trouble?" Undoubtedly this was unacceptable, she said.

Another legislator said it was acceptable to receive extra cash from a governor to add to their small per diem rights from the House, during visits. A governor could give between Rp 500,000 and Rp 1 million for each visiting legislator, he said.

With their small per diem allowance of around Rp 200,000, legislators manage to save by accepting the assistance of local authorities.

Perhaps the provinces were grateful for services rendered by legislators, but one provincial office said: "The legislators are often quite annoying, asking for this and that." He would give no further details.

S.G.B. Tampubolon of the PDI faction said certain legislators who mastered "high level lobbying skills" could get a lot of benefits, like contracts worth billions of rupiah, from a minister.

"It has become a normal practice and we can't do anything about it," he said.

No wonder the "lucky draw" incident was dismissed. The commission involved was not one of the potentially "profitable" ones, such as Commission VI for industry, mining and investment.

But Rully said: "Every commission can be turned 'wet' (profitable) or 'dry', depending on personal motivation."

On a single visit to an industrial site in West Java, a company spokesman said Rp 100 million was spent on a two-day commission visit.

"That is quite common," he said, and the benefit is mutual. The expense would cover per diem allowances and, for a few, "girls."

Sukmadewi added there were legislators who could turn every negative issue regarding state or private institutions into money.

"I was sad when I learnt that one of my 'vocal' friends extorted money from institutions," she said.

But she added, "To be fair... you should also disclose how executives abuse their positions," she said, adding they were much worse. "How does an echelon-I official pay for his children to study abroad?"

Political observer Mochtar Pabottingi is disgusted.

"All such reports (of legislators asking and receiving favors) are just part of the pervasive corruption and collusion here," he said, and part of the norm that "everything goes."

Ethics

Outgoing member Oka Mahendra agrees that rules are not needed, but says members should refer to their installment oaths. In these they promise to neither receive nor give anything which may in anyway influence their duty.

"We have our ethics," he said. Being a legislator is an honorable position to be guarded: "Members shouldn't ask for anything," he said.

Legislators differ on what is a suitable salary. Tampubolon said Rp 10 million a month would prevent legislators from resorting to seek extra income; and former trade union chairman Bomer Pasaribu said he could not imagine a legislator functioning well on the current monthly pay. He and Oka have other sources of income; Oka, for example, is a law consultant.

Drawing the line will remain difficult for future legislators.

Another outgoing legislator, Nafsiah Mboi, said: "This is not the United States," where legislators can be smeared merely for using a telephone in a government office.

Small favors and tokens, she said, only reflect the "excellent personal relations" between legislators and government officials. But on the institutional level, she lamented the "extraordinary dependence on the executive."

Which is why, the director of the Jakarta Legal Aid Office, Apong Herlina said: "If a governor gives a hundred thousand without the slightest care to anyone, he should give it the needy," and not to legislators.

Not everyone, however, is so worried.

Suwadi, an employee at the Cipto Mangunkusumo General Hospital morgue, has total faith in his representatives: "If they have been chosen to sit in the House they must be very intelligent and wise," he said. "If they have a large income it is their predestined good fortune."

"It is natural because their job is not easy. But if the money comes from the people, it should be used for the benefit of the people." (team)