Yusril says House's special committee not illegal

JAKARTA (JP): Minister of Justice and Human Rights Yusril Ihza Mahendra defended on Monday the House of Representative's move to form a special committee (Pansus) to investigate two scandals in which the President has been implicated, saying that the legislature has sufficient legal grounds to do so.

"I have a different opinion with the President on this one as he said that the Pansus on Buloggate and Bruneigate are illegal," Yusril told journalists after the endorsement of a bill on intellectual property rights at the House on Monday.

"The House can perform an inquiry in accordance with the second amendment of Article 20 A in Law No. 4/1999 (on the composition of the MPR, DPR and regency councils) and the House rules articles 150 and 157, 171 and 172 which allow the DPR (House) to summon anyone to clarify a particular issue," he added.

President Abdurrahman Wahid has questioned the legality of the committee. Constitutional law experts have also said that such an inquiry was in violation of Law No. 6/1954.

But Yusril maintained that legislators were completely within their rights.

"Why did Gus Dur say it was illegal? Well you'd have to ask him about that. But let me explain it. Gus Dur said the DPR only used Law No. 6/1954 and the House rules to form the Pansus and if that's so it could be illegal. But if we read it carefully, the formation of Pansus is not only based on those two regulations," the minister remarked.

Law No. 4/1999 regulates the House's right of inquiry, Yusril said.

"So in my opinion even though Law No.6/1954 officially has not been revoked ... its substance has been superseded by the newer Law No.4/1999. In law, there is a principle of Lex specials, Lex Generalist in which the latest law nullifies the previous one," the minister, who is also a professor of law at the University of Indonesia, said.

However, Yusril conceded that the committee had yet to be listed in the State Gazette as required by law, despite claims that it has.

Yusril said he had checked with the Directorate General on Law and Legislation.

"I've checked it and it hasn't been recorded yet," Yusril said.

Expedite

Meanwhile, eight organizations grouped in the Young Muslims Generation Movement (Gemuis), urged the House's special committee to expedite investigations into the Bulog and Brunei scandals to clarify whether the President was really involved.

"We want the special committee to be fair in investigating the two scandals. The committee should announce to the public whether the President is involved or not," said Nadjamuddin Ramly, spokesman for Gemuis, in a meeting with the special commission here on Monday.

Among the eight Muslim organizations were, among others, the Association of Islamic Students (HMI), the Muhammadiyah Youth Organization, the Indonesian Muslim Movement (GPI) and the Indonesian Students Action Front (KAMMI).

Nadjamuddin said that if it was found the President was involved in the scandals "the House must also call for a special session to impeach the President if he ignores the memorandum".

Nadjamuddin further claimed that a majority of Muslims were fed up with the way Abdurrahman has led the nation, which is plagued by economic turmoil which, given the political instability, shows little indication of abating in the immediate future.

"Gus Dur has failed to fulfill the people's hope for a better life, and even seen his regime abuse the reform (movement)," he added.(edt/rms)