Tenggara Strategics, Jakarta – The House of Representatives has passed a revision of the Presidential Advisory Council Law, which will allow president-elect Prabowo Subianto to reward those who contributed to his electoral win with seats on the council.
In brief, there are three items in the revised Presidential Advisory Council Law that require close attention: The change in the institutional status, the number of members and the requirements to sit on the council.
The amended law will allow those in government who lack certain skills to take advisory council posts after the House and the government, represented by Law and Human Rights Minister Supratman Andi Agtas, a Gerindra politician, agreed to remove the clause on requirements for council members.
Additionally, the new law allows those with positions within the structures of political parties, state-owned and private companies, civil society groups, higher education institutions and other organizations to join the advisory council.
The most notable change to the law is the institutional status of the Presidential Advisory Council, which will become a state institution on a par with other public independent bodies such as the Corruption Eradication Commission (KPK) and the Ombudsman. However, unlike other independent bodies, the new Presidential Advisory Council will be filled by individuals selected solely by the president without requiring the House's consent.
In other words, the council may theoretically wield more power. However, it will also create confusion in the decision-making process as the council is an integral part of the presidential office, although it is designed as an independent entity.
Prabowo's vision to create a club for former presidents could find meaningful space in the Presidential Advisory Council with those extended authorities. The council will provide room for outgoing President Joko "Jokowi" Widodo to remain in the spotlight after leaving office on Oct. 20.
Sitting on the advisory council will allow Jokowi to be involved in policy making, albeit with limitations, in the incoming administration, ensuring his son, vice president-elect Gibran Rakabuming Raka, is not left behind during Prabowo's presidency.
Nevertheless, one can hardly imagine former presidents Megawati Soekarnoputri and Susilo Bambang Yudhoyono (SBY) joining the council and working together, as Prabowo had dreamed about when formulating his idea. Also beyond imagination is an expectation that SBY and Jokowi would team up in the council.
The new Presidential Advisory Council could however cause inefficiency in the process of decision-making in the Prabowo administration by extending the chain of command or supervision mechanisms that are already performed by the current institutions.
The revision of the Presidential Advisory Council Law bears similarities with the amendment of the Ministry Law in the House's Legislation Body, such as the rise in the number of individuals appointed to the posts there, which is left to the president to decide. The provision will ensure the individuals within Prabowo's bulky coalition, the so-called Onward Indonesia Coalition (KIM), are rewarded with particular posts within government institutions, including the Presidential Advisory Council.
The government will certainly need an increased budget to allow the ballooning Presidential Advisory Council to operate, adding more of a burden to the already limited national fiscal capacity.
Nevertheless, the potential effectiveness of the council is likely to be met with suspicion. Historically, the council has been no more than an institution to accommodate the president's allies. Its members are selected to consult with the president, who can then accommodate or ignore their advice.
In the case of President Jokowi, policy advice also comes from the presidential special staff, ministers and close confidants, making the advisory council symbolic, rather than functional. So will be the new council.
What we've heard
A source in the House of Representatives' Legislation Body said the lawmakers finally agreed to give the president more flexibility to determine the desired composition of the Presidential Advisory Council to emulate the revised law on ministries, where the number of ministers is decided by the president.
The lawmakers also agreed to remove the clause regarding criminal records of advisory council members. According to the source, the change was made to accommodate individuals in Prabowo's circle who were involved in criminal cases, including former military officers who abducted pro-democracy activists in 1997-1998 (the so-called Tim Mawar).
A government official said Prabowo would select members of the Presidential Advisory Council after forming his cabinet. One of the names being considered for the advisory council is President Jokowi. "Prabowo's government is in need of Jokowi's input," the source said.