APSN Banner

Experts slam court, House over political party law

Source
Jakarta Post - January 15, 2007

Jakarta – A Constitutional Court ruling allowing political parties to recall their representatives from legislative bodies leaves the representative system open to abuse, political experts said.

Issued last September, the ruling allows political parties to recall publicly elected representatives over internal procedural disputes.

"I disagree, by all means, with the law," political observer Denny Indrayana told The Jakarta Post on Saturday. Denny is based at Yogyakarta's Gadjah Mada University.

"Those sitting in the House were elected by the people. Therefore, only the people can recall them from the House," Denny said.

The new law applies to the composition of the People's Consultative Assembly, the House of Representatives, the Regional Representatives Council and regional legislative councils. It was deliberated and passed by the House.

University of Indonesia political science expert Arbi Sanit said the law violates Indonesia's Constitution. The House has granted more power to the political parties of which it consists, he said.

Experts further said the House must not act as a law-making body as well as executor of the laws and policies that effect its own running. Such practice would allow for the abuse of power, they said.

"I'm sure there was internal lobbying among members of the House, who had an interest in the law being passed," Denny said. "The House consists of political party members. They will surely want anything that makes them more comfortable," he added.

Recently, the Muslim-oriented Reform Star Party ousted one of its members, deputy speaker of the house Zaenal Ma'arif, over his disobedience to the party's internal procedures. Zaenal, however, said his dismissal owed to his decision to engage in a second marriage.

The House has yet to dismiss Zaenal from his post as deputy speaker, though is said to be searching for his replacement.

"There's no reason for House leaders to retain Zaenal," said Denny.

Actress-turned-lawmaker Marissa Haque was also removed from the House, though by the Indonesian Democratic Party of Struggle, for her decision to run in the Banten gubernatorial election on the Prosperous Justice Party's ticket.

"The House should instead have asked the people, who voted for her in the 2004 elections, about whether to dismiss her from her post," Denny said.

A request made by a political party to recall a lawmaker must be approved by the General Elections Commission prior to the President issuing a decree to make it official.

Country